Date of Decision: January 9, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering
Petitioner Information
Profession: Electrical Engineering Consultant
Field: Electrical Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated substantial merit in his proposed endeavor within the electrical engineering field through documentation on electrical standards, foreign direct investment, and the importance of apprenticeship.
Criteria Not Met:
- National Importance: The petitioner failed to establish that his specific consulting services would impact the industry or the U.S. economy significantly enough to be considered of national importance.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to provide specialized consulting services to U.S. and European electrical companies, utilizing over 40 years of experience in electrical system design, standards, and technology.
Substantial Merit and National Importance:
- The petitioner’s endeavors were recognized for their merit in business and entrepreneurialism. However, they lacked sufficient evidence of national importance as the impact was limited to specific clients rather than the broader U.S. economy.
Supporting Evidence:
- Documents provided included details on electrical standards, job creation from German investments, and the importance of apprenticeships, but these did not extend to broader economic or industry impacts.
Inconsistencies in Proposed Endeavor:
- The application did not convincingly demonstrate how the proposed consulting services would provide substantial positive economic effects or address the national importance criteria adequately.
Supporting Documentation
Business Plan:
- Projected revenues from $37K in the first year to $126K by the third year, but the economic benefits were deemed insufficient to demonstrate national importance or substantial economic effects.
Conclusion
Final Determination:
- The appeal was dismissed due to the petitioner’s inability to prove the national importance of his proposed endeavors, which is crucial for a national interest waiver under the Dhanasar framework.
Download the Full Petition Review Here
