Date of Decision: January 30, 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 Project Manager
Field: Civil Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The petitioner demonstrated substantial merit in their proposed field of endeavor, particularly in civil road and facility infrastructure in the United States.
- Criterion 2: N/A
Criteria Not Met:
- Criterion 1: The petitioner did not adequately demonstrate how their specific proposed endeavor broadly implicates matters rising to a level of national importance in construction, infrastructure, and civil engineering.
- Criterion 2: The petitioner was not well-positioned to advance the proposed endeavor as required under the second prong of Dhanasar.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to direct engineering activities and manage construction projects with a focus on compliance, safety, and technical standards, particularly in Georgia. Their endeavor sought to reduce costs and address demands for affordable housing, primarily targeting construction companies and private clients.
Substantial Merit and National Importance:
While the endeavor showed substantial merit, the Appeals Office agreed with the initial decision that it did not meet the national importance criterion. The impact was seen as not sufficiently broad or prospective to qualify under this criterion.
Supporting Evidence:
The petitioner submitted various documents including personal statements, business plans, and expert opinions, but failed to convince that the endeavor had national importance.
Inconsistencies in Proposed Endeavor:
The petitioner’s business plans contained varying figures on job creation and financial data, which raised questions about the accuracy and reliability of the proposed impacts.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Detailed plans highlighting economic impacts and job creation in Georgia, but failed to establish a broader national importance.
Advisory Letter: Not applicable
Any other supporting documentation: Included expert opinions and academic evaluations, which did not sufficiently tie the endeavor to a broader national impact.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet the national importance criterion of the Dhanasar framework. The documentation and assertions provided were insufficient to establish that the proposed endeavor would have a substantial prospective impact with broader implications.
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