Date of Decision: January 12, 2024
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 and Construction
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of the Proposed Endeavor: The petitioner demonstrated the substantial merit of their civil engineering projects.
- Positioned to Advance Endeavor: The RFE response suggested the petitioner is well-positioned, but this was not fully addressed in the decision.
Criteria Not Met:
- National Importance: The initial denial stated the petitioner failed to demonstrate the national importance of their endeavors, leading to the remand for further evidence and review.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to contribute to civil engineering projects that significantly enhance infrastructure development in the U.S.
Substantial Merit and National Importance:
The decision acknowledged the substantial merit but flagged a lack of demonstrated national importance, which contradicts earlier communications indicating the contrary.
Supporting Evidence:
Included evidence of qualifications and previous successful projects, aiming to demonstrate capability and readiness.
Inconsistencies in Proposed Endeavor:
The appeal highlighted inconsistencies between the RFE and the final decision regarding the national importance of the proposed endeavor.
Supporting Documentation
Letters of Intent: Not specifically detailed in the provided sections.
Business Plan: Not detailed. Additional evidence may be required on remand.
Advisory Letter: Not specifically mentioned; could be part of the further evidence requested on remand.
Conclusion
Final Determination: The case is remanded to the Texas Service Center for a comprehensive review and decision consistent with the appeal’s findings and the need for additional evidence regarding the national importance and other aspects of the Dhanasar criteria.
Reasoning: The appeal successfully argued for a reevaluation based on procedural discrepancies and incomplete assessment of critical criteria.
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