Date of Decision: March 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Construction Management
Petitioner Information
Profession: Construction Manager
Field: Construction Management
Nationality: Nigerian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner holds a bachelor’s degree in civil engineering and has five years of progressive experience in the specialty.
- Substantial Merit of Proposed Endeavor: Recognized for the proposal’s potential merits in the construction field.
Criteria Not Met:
- National Importance: The petitioner did not demonstrate that his construction company would significantly impact national issues like the housing shortage or public health.
- Benefits to the United States: Failed to show that waiving the job offer requirement would benefit the United States on a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to own a construction company focusing on affordable housing and sustainable growth, using green building materials and techniques.
Substantial Merit and National Importance:
While the endeavor has merit within the construction industry, it lacks sufficient evidence of having a broad economic impact or addressing national issues like labor shortages effectively.
Supporting Evidence:
The petitioner submitted industry articles and a business plan. However, the evidence was insufficient to demonstrate the national importance or substantial positive economic effects of his endeavor.
Inconsistencies in Proposed Endeavor:
The business plan’s staffing and wage projections were deemed insufficient to support claims of significant economic impact or broad societal benefits.
Supporting Documentation
Business Plan:
Outlined hiring four employees with a total wage payout of $400,000 by the fifth year, but failed to demonstrate significant potential for broad economic impact.
Conclusion
The appeal was dismissed. The petitioner did not establish that his proposed endeavor would address national issues significantly or benefit the U.S. at a level commensurate with a national interest waiver.
