Date of Decision: March 28, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electromechanical Engineering
Petitioner Information
Profession: Electromechanical Engineer
Field: Electromechanical Engineering
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Education and Experience: Submitted evidence of extensive experience in the field.
- Recommendation Letters: Provided letters attesting to expertise and contributions.
Criteria Not Met:
- Proposed Endeavor Specificity: Failed to specify projects and goals clearly enough for assessment.
- Substantial Merit and National Importance: Did not demonstrate that the endeavor has national importance.
Key Points from the Decision
Proposed Endeavor:
- Focuses on applications of cold plasma technologies for environmental and industrial solutions.
Substantial Merit and National Importance:
- Claims of significant potential environmental and economic impacts were not sufficiently substantiated.
Supporting Evidence
- Petitioner submitted various documents, including recommendation letters and a provisional patent application, but these were not adequately tied to the proposed national impact.
Inconsistencies in Proposed Endeavor
- Lack of specific projects or goals made it difficult to assess the proposed endeavor’s national importance.
Supporting Documentation
Letters of Intent:
- Not specified in detail.
Business Plan: - No detailed business plan provided.
Advisory Letter: - Letters support the petitioner’s capability but lack detailed connection to the national importance.
Any Other Supporting Documentation: - Included various articles and a fact sheet which discuss the broader field but do not specifically support the petitioner’s project.
Conclusion
The appeal was denied due to insufficient evidence of the national importance of the proposed endeavor. The petitioner’s inability to clearly define and substantiate the national benefits of his work led to the dismissal of the appeal.
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