Date of Decision: April 15, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Structural Engineering
Petitioner Information
Profession: Civil Engineer
Field: Structural Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s research in structural safety and resilience, particularly in protecting infrastructure from damage, holds substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner has a strong educational background, extensive research experience, and a significant publication record.
- Balancing Test: It was determined that the national interest in the petitioner’s contributions outweighs the need for a labor certification.
Criteria Not Met:
- None: The petitioner met all necessary criteria upon appeal.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a structural engineering researcher, aims to advance structural safety through innovative research in monitoring and protecting infrastructure, particularly against damage. At the time of filing, the petitioner was focused on projects involving the resilience of structures and bridges.
Substantial Merit and National Importance:
The petitioner’s research has significant implications for national infrastructure, impacting the safety and integrity of buildings, bridges, and other structures. This work is crucial for addressing national concerns related to infrastructure management and resilience.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The record shows that the petitioner’s work is relevant to issues relating to the integrity of buildings and transportation infrastructure and has been used by other research teams. Given the petitioner’s productivity and research influence, the national interest in his contributions outweighs the need for a labor certification.
Supporting Evidence:
The petitioner provided extensive documentation, including a job offer from the University of Iowa for a research associate position, letters of support, and evidence of his published research. The appeal emphasized the importance of the petitioner’s work in structural safety and its broader impact on the field.
Inconsistencies in Proposed Endeavor:
The initial denial was based on a perceived lack of national importance and insufficient documentation of external financial support for the petitioner’s research position. However, upon appeal, it was demonstrated that the petitioner’s work is of national significance and has garnered substantial interest and citations in the field.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Letters from various institutions highlighted the significance of the petitioner’s work and its impact on the field of structural engineering.
Any Other Supporting Documentation:
The petitioner provided evidence of his publication record and citations, which underscored his contributions to the field and the relevance of his research.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The petitioner successfully demonstrated that his proposed endeavor has substantial merit and national importance, he is well-positioned to advance the endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and labor certification.
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