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: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Petitioner demonstrated that the endeavor of working in civil engineering has substantial merit, particularly through the proposed infrastructure projects.
Criteria Not Met:
National Importance: The Petitioner did not sufficiently demonstrate how her specific work in civil engineering would have a significant national impact.
Well-Positioned to Advance the Proposed Endeavor: The evidence did not establish that the Petitioner’s specific qualifications and proposed activities would have a meaningful impact on the national scale.
Balance of Benefits: The benefits of waiving the job offer requirement did not outweigh the standard labor certification requirements, as the national impact of the Petitioner’s work was not sufficiently demonstrated.
Key Points from the Decision
Proposed Endeavor:
The Petitioner initially proposed to work as a civil engineer with multinational companies in the U.S., providing guidance on cross-border construction projects in Brazil. Later, in response to the Director’s notice of intent to deny (NOID), the Petitioner proposed to start and manage her own company in Florida, providing construction management services, including infrastructure projects.
Substantial Merit and National Importance:
Substantial Merit: The endeavor was recognized as valuable due to the potential contributions to the construction industry and infrastructure projects.
National Importance: The endeavor was not found to have a national impact. The provided evidence did not sufficiently demonstrate how the Petitioner’s specific work would have broader implications for the U.S. economy or infrastructure development.
Supporting Evidence:
The Petitioner submitted various supporting documents, including a business plan, recommendation letters, and an advisory opinion.
Recommendation Letters: Highlighted the Petitioner’s experience and expertise in civil engineering but did not establish a broader national impact.
Business Plan: Included financial projections and job creation estimates but lacked detailed support for these projections and did not demonstrate a significant national impact.
Inconsistencies in Proposed Endeavor:
Inconsistency: The Petitioner’s shift from working for multinational companies to starting her own business was seen as a material change in the proposed endeavor, which was not permissible after the initial petition was filed.
Supporting Documentation
Letters of Intent:
Summary: Not applicable.
Business Plan:
Summary: Projected more than $800,000 in net income by the fifth year of operation and the creation of 44 direct jobs. However, the plan did not provide sufficient detail to support these projections.
Advisory Letter:
Summary: The advisory letter reiterated the Petitioner’s qualifications and the importance of civil engineering but did not address the national impact of the Petitioner’s specific proposed activities.
Any other supporting documentation:
Summary: The record included reports on the state of the construction industry and the Biden administration’s infrastructure plan but did not connect these to the Petitioner’s specific proposed contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to establish that her proposed endeavor in civil engineering had national importance.
The record lacked detailed information on how her work would produce substantial positive economic effects or broader impacts at a national level.
Without meeting the first prong of the Dhanasar framework, the petition failed to justify a national interest waiver.
Download the Full Petition Review Here
Footer:
- In Re: 22221372
- JAN112023_01B5203.pdf
