Date of Decision: October 27, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering, Energy Efficiency
Petitioner Information
Profession: Electrical Engineer and Energy Efficiency Specialist
Field: Electrical Engineering, Energy Efficiency
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualifies as an advanced degree professional based on holding a degree equivalent to a U.S. bachelor’s degree in electrical engineering.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that his proposed endeavor in energy efficiency and electrical engineering has national importance. The petitioner proposed to operate a business that offers energy efficiency services, renewable energy solutions, and electrical infrastructure upgrades to residential and commercial clients. While the petitioner’s work in energy efficiency is valuable, the Director and the Administrative Appeals Office (AAO) found that the evidence provided did not sufficiently demonstrate how the petitioner’s business would have a broader impact on the U.S. economy or energy industry on a national level. The petitioner’s business plan included projections for job creation and revenue growth, but these were not adequately substantiated with evidence to demonstrate a significant broader impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to operate a business providing energy efficiency services, including energy audits, renewable energy solutions, and electrical infrastructure upgrades for residential and commercial buildings. The business plan included goals for job creation and reducing energy costs for clients. However, the AAO found that the petitioner did not provide sufficient evidence to demonstrate how these activities would have a broader impact on the U.S. energy industry or economy beyond the petitioner’s business and its clients.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor has merit in terms of promoting energy efficiency and sustainability, the decision concluded that it did not meet the threshold for national importance. The AAO emphasized that the petitioner needed to demonstrate how his specific work in energy efficiency would impact the energy industry or U.S. economy on a national scale, which was not sufficiently established.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
Given that the petitioner did not meet the national importance criterion, the AAO did not proceed to evaluate whether waiving the labor certification process would benefit the United States.
Supporting Evidence:
The petitioner provided a business plan, expert opinion letters, and industry reports. However, these were insufficient to establish the national importance of the proposed endeavor. The evidence focused on the petitioner’s qualifications and the general significance of energy efficiency rather than demonstrating the specific impact of his work on a national scale.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the petitioner’s statements regarding the scope and impact of his business plan. These inconsistencies weakened the overall credibility of the petition.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Included but did not establish national importance or substantial positive economic effects.
Advisory Letter:
Included but focused primarily on the general significance of energy efficiency rather than the petitioner’s specific contributions.
Any Other Supporting Documentation:
Included business documents and industry reports, which were insufficient to meet the national importance requirement.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed work as an electrical engineer and energy efficiency specialist would have a significant national impact. The evidence provided was insufficient to support claims of substantial merit and national importance, and the petitioner did not establish eligibility for the EB-2 classification.
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