Date of Decision: January 11, 2023
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: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Qualification as Advanced Degree Professional: The petitioner provided evidence of a degree equivalent to a U.S. bachelor’s degree in civil engineering and documented five years of progressive experience post-degree.
Criteria Not Met:
National Importance of Proposed Endeavor: The petitioner’s initial proposal did not demonstrate national importance, and a subsequent proposal constituted an impermissible material change to the petition.
Key Points from the Decision
Proposed Endeavor:
The petitioner initially proposed to work as a civil engineer for multinational companies in the U.S., providing guidance on cross-border transactions involving construction projects in Brazil. Later, the petitioner proposed starting a company in the U.S. to offer construction management services, which was deemed a material change to the petition.
Substantial Merit and National Importance:
The petitioner’s initial and subsequent proposals did not establish substantial merit and national importance. The petitioner failed to demonstrate how the proposed endeavors would have broader implications beyond the immediate clients and projects.
Supporting Evidence:
The petitioner submitted various documents, including reports on the civil engineering industry and a business plan for a newly formed company. However, these documents did not sufficiently prove the national impact of the petitioner’s work.
Inconsistencies in Proposed Endeavor:
The shift from working for multinational companies to starting a new business was considered a material change and not permissible under USCIS guidelines.
Supporting Documentation
Letters of Intent: Not provided in the context of the initial or subsequent proposals.
Business Plan: Provided for the new company but lacked sufficient detail to establish projected economic impact and job creation as nationally important.
Advisory Letter: Not mentioned.
Other Supporting Documentation: Included general industry reports and evidence of the petitioner’s academic and professional qualifications.
Conclusion
Final Determination: The appeal was dismissed due to the failure to establish national importance under the first prong of the Dhanasar framework and an impermissible material change in the proposed endeavor.
Reasoning: The evidence provided did not demonstrate that the petitioner’s proposed work had significant national impact or broader implications, and the change in the proposed endeavor was not allowed.
Download the Full Petition Review Here
In Re: 22221372
Document Name: JAN112023_01B5203
