Date of Decision: February 17, 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: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet any of the required criteria.
Criteria Not Met:
Substantial Merit: The Petitioner did not establish the national importance of his proposed endeavor.
National Importance: The Petitioner did not sufficiently demonstrate the national importance of his proposed endeavor. The work was limited to his current employer, with no evidence of job creation or broader economic impact.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue working with his current employer to develop his skills as an engineer and gain valuable experience to start his own Civil Engineering Consulting Firm. The aim was to provide services to public and private institutions in the United States and generate top-tier technical jobs for U.S. citizens.
Substantial Merit and National Importance:
The endeavor to employ the Petitioner as a civil engineer was acknowledged as having substantial merit. However, the evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the U.S. economy or broader U.S. interests on a national level.
Supporting Evidence:
The Petitioner submitted articles and reports regarding the ongoing housing shortage in the United States, his personal statement, letters of recommendation, and an expert opinion letter. However, these documents did not provide detailed evidence of substantial positive economic effects or broader national impact.
Inconsistencies in Proposed Endeavor:
The Petitioner initially provided evidence that he would contribute to alleviating the housing demands in Florida by constructing sustainable, high-quality, and affordable homes through his employer. However, he did not provide sufficient evidence to establish how the implications of his proposed endeavor rise to the level of national importance.
Supporting Documentation
Letters of Intent:
The intent letters from professional acquaintances praised the Petitioner’s abilities but lacked specific details on the substantial positive economic effects.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The record included articles, reports, personal statements, and letters of recommendation but did not connect these to the Petitioner’s specific proposed contributions in the field of civil engineering.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to establish that his proposed endeavor had substantial merit and national importance. The record lacked detailed information on how his work would produce substantial positive effects or broader impacts at a national level. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
