Date of Decision: February 27, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Technology
Petitioner Information
Profession: Electrical Technician
Field: Electrical Technology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Academic record showing a degree from a technological education center.
- Letters from employers confirming over ten years of relevant work experience.
- Certification as an electrical technician.
Criteria Not Met:
- The petitioner failed to provide a comprehensive list of his employment history on the required DOL Form ETA 750B, undermining his credibility regarding his claimed work experience.
- Despite having a certificate of good standing, there was no documentation indicating that it was required for working as an electrical technician in Brazil.
- Salary evidence did not demonstrate that the petitioner’s compensation was indicative of exceptional ability.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to consult across various industries, leveraging his expertise in electrical systems and technology.
Substantial Merit and National Importance:
The decision acknowledged the substantial merit of the petitioner’s field but failed to find evidence of national importance or specific impactful contributions that would justify a national interest waiver.
Supporting Evidence
Letters from previous employers and various training certificates were provided, but they did not sufficiently establish the petitioner’s claimed exceptional ability or significant contributions to the field.
Inconsistencies in Proposed Endeavor
The petitioner presented a broad range of potential job roles without clarity on his specific plans or how these would fulfill national interests.
Supporting Documentation
Letters of Intent:
Not applicable as the appeal was denied based on insufficient documentation of national importance and specific endeavors.
Conclusion
The appeal was denied due to the failure to demonstrate exceptional ability significantly above that ordinarily encountered in the field and the lack of a clear, impactful endeavor that would benefit the national interest significantly.
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