Date of Decision: March 8, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Construction and Building Inspection
Petitioner Information
Profession: Construction and Building Inspector
Field: Construction and Building Inspection
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: Not demonstrated sufficiently to qualify for EB-2 classification.
- National Interest Waiver: Failed to establish that a waiver of the job offer and labor certification would be in the national interest.
Criteria Not Met:
- Substantiation of Claims: The petitioner did not provide new evidence or arguments sufficient to overcome the Director’s determination.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to contribute to the construction sector by leveraging his expertise, although the appeal did not successfully prove the national importance of his endeavor.
Substantial Merit and National Importance:
- The petitioner’s brief reiterated the benefits of his profession and the claimed economic impacts of his proposed business. However, it lacked substantial merit in proving the national importance needed for a waiver.
Supporting Evidence:
- The petitioner submitted a supplemental brief that largely reiterated previous submissions without adding new or compelling evidence to support his case.
Inconsistencies in Proposed Endeavor:
- The supplemental brief did not address the specific reasons for denial mentioned by the Director nor any incorrect application of law or policy, indicating a lack of direct response to the initial concerns raised.
Supporting Documentation
Letters of Intent:
- None submitted that could effectively alter the appeal’s outcome.
Business Plan:
- Discussed in the brief, but did not provide compelling new evidence or insights.
Advisory Letter:
- Not specifically addressed or included in the appeal materials.
Conclusion
The appeal was denied. The petitioner failed to follow proper procedure for submitting an appeal brief, which led to a summary dismissal of his appeal. Even if considered, the brief did not effectively counter the initial reasons for denial nor did it introduce new evidence that could sway the decision in his favor.