Date of Decision: June 7, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering
Petitioner Information
Profession: Electrical Engineer
Field: Electrical Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner demonstrated qualification as an advanced degree professional by providing evidence of a bachelor’s degree in electrical and electronic engineering and a Ph.D. in electrical engineering.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to show that his proposed endeavor had national importance. While his work in developing new technologies for semiconductor and microelectronics manufacturing was recognized, the documentation did not clearly demonstrate the broader impact of his work on the U.S. economy or national security.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show he was well-positioned to advance his proposed endeavor. The submitted documents did not convincingly demonstrate his capacity to significantly influence or advance the field of electrical engineering.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to develop new technologies for semiconductor and related microelectronics manufacturing industries, focusing on research and innovation in this field.
Substantial Merit and National Importance:
The petitioner’s endeavor was recognized for its potential merit due to its focus on advancing semiconductor technology. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. economy or national security.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the U.S. economy by generating valuable intellectual properties and trade secrets, which would bring economic benefits. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted his curriculum vitae, academic credentials, letters of support, and patent applications. These documents demonstrated his involvement in the field of electrical engineering. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. economy or create significant job opportunities.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence was insufficient to support his claims of substantial impact and national significance.
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