Date of Decision: September 13, 2021
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that his proposed endeavor has national importance.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to use his knowledge to work on large-scale projects in commercial, residential, and corporate real estate projects in the United States. He planned to bring in foreign investors to develop construction projects in the U.S.
Substantial Merit and National Importance:
While the petitioner’s work in civil engineering and construction has substantial merit, the evidence did not sufficiently demonstrate the national importance of his specific proposed endeavor. The petitioner provided information about his ongoing work building houses in Florida and bringing in investors from Brazil. However, the documentation did not adequately show that his proposed work would have a significant national impact. The articles and reports submitted discussed general issues in the U.S. construction industry but did not establish the petitioner’s specific work as nationally important.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation of his professional experience, skills, and a business plan. However, the evidence was insufficient to demonstrate that he is well positioned to advance his proposed endeavor. Letters of support from colleagues and partners highlighted his capabilities but did not sufficiently explain how his work would impact the construction and real estate industries on a national scale. The petitioner did not provide detailed information about the prospective impact of his work beyond his companies and local investors.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions. The petitioner’s investment plans and future staffing levels did not demonstrate substantial economic benefits for the U.S. economy or significant job creation on a national level.
Supporting Evidence:
The petitioner submitted articles, reports, letters of support, and a business plan. However, these were not sufficient to demonstrate the national importance of his proposed endeavor or that he is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The Director’s analysis did not fully address the evidentiary deficiencies and the lack of a comprehensive evaluation of the proposed endeavor’s national importance.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Provided but not sufficiently detailed to support the claim of national importance
Advisory Letter: Not provided
Other Supporting Documentation: Included articles, reports, letters of support, and a business plan, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that his proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The petitioner did not demonstrate eligibility for or merit a national interest waiver as a matter of discretion.
Download the Full Petition Review Here
