Date of Decision: September 29, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Advanced Electrical Engineering
Petitioner Information
Profession: Engineer
Field: Advanced Electrical Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
Substantial Merit and National Importance: The Petitioner did not sufficiently demonstrate that his proposed endeavor has national importance.
Well Positioned to Advance the Proposed Endeavor: The Petitioner did not establish that he is well positioned to advance the proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed continuing to work in the field of advanced electrical and electronics engineering in the oil and gas sector. His role includes training employees, developing technical guides, and playing a leading role in maintaining tools for large-scale projects.
Substantial Merit and National Importance:
While the proposed endeavor in electrical engineering and training has substantial merit, the evidence provided was insufficient to demonstrate national importance. The documentation showed the Petitioner’s contributions to his employer and their clients but did not establish how his work would have a broader impact on the field or the U.S. economy at a national level.
Supporting Evidence:
The Petitioner submitted various documents, including training materials, letters from colleagues, and email exchanges from training sessions. However, the evidence primarily focused on the Petitioner’s role within his company and the benefits to his employer rather than demonstrating the national importance of his work. The documentation did not provide evidence of broader implications beyond his employer and their clients.
Inconsistencies in Proposed Endeavor:
The Director noted that the Petitioner’s proposed endeavor was primarily beneficial to his employer and their clients. The record did not establish broader implications within the field of advanced electrical engineering or demonstrate significant potential to employ U.S. workers or have substantial positive economic effects.
Supporting Documentation
Letters of Intent:
None specified.
Business Plan:
Not applicable.
Advisory Letter:
Advisory letters described the Petitioner’s expertise but did not establish the national importance of his proposed endeavor.
Any Other Supporting Documentation:
The Petitioner provided additional documentation, including training guides and industry reports, but these did not resolve the inconsistencies in the proposed endeavor or establish the required level of national importance.
Conclusion
The appeal was dismissed because the Petitioner did not establish that his proposed endeavor has national importance, as required by the first prong of the Dhanasar analytical framework. Consequently, the Petitioner did not qualify for a national interest waiver.
