Date of Decision: January 31, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electronic Engineering
Petitioner Information
Profession: Electronic Engineering Technician
Field: Electronic Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet any of the required criteria.
Criteria Not Met:
Substantial Merit: The Petitioner did not establish that his proposed endeavor had substantial merit.
National Importance: The Petitioner did not sufficiently demonstrate that his proposed endeavor has national importance.
Key Points from the Decision
Proposed Endeavor
The Petitioner intended to continue his career in the United States as an electronic engineering technician, focusing on technical advancements and improvements in the field. He aimed to leverage his skills and experience to enhance electronic systems and contribute to technological development.
Substantial Merit and National Importance:
The endeavor to work as an electronic engineering technician was not found to have substantial merit or national importance. The evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the U.S. economy or broader U.S. interests on a national level.
Supporting Evidence:
The Petitioner submitted letters of recommendation, employment verification, and salary evidence. However, these documents highlighted general achievements rather than establishing the broader national impact of his proposed activities.
Inconsistencies in Proposed Endeavor
The Petitioner’s proposed endeavor included various roles and services that were not clearly defined or consistently described. The evidence provided lacked specific details on the broader impact of his services in the field of electronic engineering.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The record included letters of recommendation praising the Petitioner’s skills but did not connect these to a broader national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to establish that his proposed endeavor had substantial merit and national importance. The record lacked detailed information on how his work would produce substantial positive effects or broader impacts at a national level. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
