Date of Decision: November 23, 2022
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:
- Criterion 1: The petitioner has an advanced degree in civil engineering and a history of successful project management.
- Criterion 2: The petitioner provided a detailed business plan indicating the potential for job creation and economic growth.
Criteria Not Met:
- Criterion 1: The petitioner did not sufficiently demonstrate that his proposed endeavor has broader implications beyond his own company and clientele.
- Criterion 2: The petitioner did not provide adequate evidence that the proposed work would have a substantial positive economic effect on a national scale.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to serve in the civil engineering field through a real estate development company. The company will offer consulting and remodeling services, focusing on affordable housing projects.
Substantial Merit and National Importance:
The petitioner provided a business plan and letters of recommendation highlighting the importance of affordable housing. However, the evidence was insufficient to establish the national importance of the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not demonstrate that waiving the job offer requirement would be beneficial to the U.S. The evidence did not show that the proposed endeavor would have substantial positive economic effects or significant potential to employ U.S. workers.
Supporting Evidence:
The petitioner submitted a business plan, letters of recommendation, and industry analyses. The evidence included information about the need for affordable housing and the petitioner’s qualifications and experience.
Inconsistencies in Proposed Endeavor:
The business plan projected significant growth and job creation but did not provide sufficient details or corroborating evidence to support these projections.
Supporting Documentation
Letters of Intent:
Several letters from industry professionals highlighted the petitioner’s project management skills and the importance of affordable housing projects.
Business Plan:
The business plan outlined the company’s goals, services, and financial projections but lacked sufficient detail to demonstrate the national importance of the endeavor.
Advisory Letter:
Letters from colleagues and industry experts supported the petitioner’s skills and experience but did not establish the broader impact of the proposed work.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not sufficiently demonstrate that his proposed endeavor met the national importance requirement under the Dhanasar framework.
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