Date of Decision: MAR. 21, 2023
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 Researcher
Field: Electrical Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner demonstrated substantial merit and national importance of the proposed research.
Criterion 2: The Petitioner is well positioned to advance the proposed endeavor with extensive academic credentials and a track record of impactful research.
Criteria Not Met:
Criterion 1: Not applicable as the appeal was sustained.
Key Points from the Decision
Proposed Endeavor
The Petitioner aims to continue his research on numerical analysis and computational methods in the United States, focusing on linear Fredholm integral equations, linear differential equations, and electromagnetic scattering analysis. These areas have applications in improving electricity generation efficiency, measuring environmental pollutants, and enhancing medical imaging technology.
Substantial Merit and National Importance: The Petitioner provided letters of support highlighting the significant applications of his research, including improving electricity generation, pollution measurement, and medical imaging. The dissemination of his research through journals and conferences further supports its national importance.
Supporting Evidence: The evidence included the Petitioner’s curriculum vitae, academic records, published work, peer review activities, and numerous citations of his research findings. Reference letters from experts in the field corroborated his expertise and the significance of his work.
Inconsistencies in Proposed Endeavor
No inconsistencies were noted as the appeal was sustained based on the Petitioner’s comprehensive and consistent evidence.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: Not specified
Advisory Letter: Reference letters from experts corroborated the significance of the Petitioner’s work.
Any other supporting documentation: The Petitioner submitted documentation of his published work and citations by independent researchers.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner met the three prongs set forth in the Dhanasar analytical framework. His proposed research has substantial merit and national importance, he is well positioned to advance the endeavor, and on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
