Date of Decision: AUG. 22, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Civil Engineering
Petitioner Information
Profession: Civil Engineer
Field: Civil Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner holds an advanced degree in civil engineering.
- Exceptional Ability: The petitioner demonstrated exceptional ability in the field of civil engineering.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently establish that his proposed endeavor has national importance.
- Impact and Contribution: The evidence did not demonstrate the petitioner’s proposed endeavor’s broader implications for national impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to offer consulting services to improve the state of infrastructure in the U.S. by opening a branch of his company, focusing on providing specialized diagnostic software and consulting services to private residential, business companies, and government agencies in the roads and highways industry.
Substantial Merit and National Importance:
The petitioner’s endeavor to improve U.S. roads and highways has substantial merit, recognized as part of national initiatives. However, the record does not adequately show how the petitioner’s company would affect U.S. infrastructure on a national scale.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence provided did not convincingly demonstrate that waiving the labor certification requirement would be beneficial to the U.S. The petitioner’s projected impact and economic benefits were not substantial or specific enough to meet the required criteria.
Supporting Evidence:
The petitioner submitted letters of support, a business plan, and a PowerPoint presentation. However, these documents did not provide adequate evidence of the proposed endeavor’s national importance or broader implications.
Inconsistencies in Proposed Endeavor:
The petitioner’s business plan and projections lacked specificity regarding the national impact and the number of U.S. workers employed. Additionally, certain letters and claims about potential collaborations and project impacts were dated after the petition filing date, introducing inconsistencies.
Supporting Documentation
Letters of Intent:
The petitioner provided letters from potential partners and a professor of civil and environmental engineering, discussing potential collaborations and field tests of his technology. These letters were considered but found insufficient for proving national importance.
Business Plan:
The business plan projected the employment of 21 to 29 workers but lacked details on specific locations and broader economic impact.
Advisory Letter:
An advisory letter acknowledged the potential efficiency of the petitioner’s technology but did not substantiate national or global implications.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not sufficiently demonstrate that his proposed endeavor has national importance or broader implications for the U.S., which are necessary for the national interest waiver.
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