Date of Decision: April 22, 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: Embedded Systems Architect
Field: Electrical Engineering and Embedded Systems
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Beneficiary possesses a master’s degree in electrical engineering, qualifying as an advanced degree professional.
- Qualification for EB-2 Classification: The record supports that the Beneficiary qualifies for EB-2 classification as he meets the educational and professional requirements.
Criteria Not Met:
- Initial National Interest Waiver: The initial decision concluded that the waiver of the job offer requirement was not in the national interest.
Key Points from the Decision
Proposed Endeavor:
- The Beneficiary is engaged in research and development focused on motor controls for large industrial/commercial facilities and electric vehicle (EV) charging technologies.
Substantial Merit and National Importance:
- The Beneficiary’s work contributes significantly to advancements in renewable energy technologies and the development of next-generation circuit breaker and EV charging technology, crucial for the U.S. infrastructure and technology competitiveness.
Supporting Evidence
- Letters of support and research contributions demonstrate the substantial merit and national importance of the Beneficiary’s work, particularly in renewable energy technologies.
Inconsistencies in Proposed Endeavor
- There were no significant inconsistencies noted in the proposed endeavor after the appeal.
Supporting Documentation
Letters of Intent:
- The Beneficiary’s future plans involve significant contributions to commercial and residential energy solutions, further evidenced by supportive letters from industry leaders.
Business Plan:
- Detailed plans were provided for the continuation and expansion of projects in EV charging systems and solar energy storage, indicating a clear and structured endeavor.
Advisory Letter:
- Advisory letters support the Beneficiary’s qualifications and the national importance of his work, citing his past successful contributions and future potential.
Any Other Supporting Documentation:
- Research papers and conference presentations that disseminate his findings within the professional community.
Conclusion
The appeal was approved. The Beneficiary’s qualifications and proposed work were deemed of significant national importance, outweighing the initial denial reasons and supporting the waiver of the labor certification requirement.
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