Date of Decision: March 17, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Advanced Engineering and Management
Petitioner Information
Profession: Engineering and Management
Field: Advanced Engineering and Management
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The petitioner established that his proposed endeavor in engineering and management has substantial merit.
Well-Positioned to Advance: The petitioner demonstrated he is well-positioned to advance his proposed endeavor through his extensive experience and high-ranking position in the industry.
Criteria Not Met:
National Importance: The petitioner failed to establish the national importance of his specific proposed endeavor, as opposed to the broader importance of the industry.
Balancing Test: The petitioner did not sufficiently demonstrate that waiving the job offer requirement would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue performing advanced engineering and management work in the oil and gas industry. He aimed to impact his employer’s operations through his role as the upstream portfolio global implementation lead.
Substantial Merit and National Importance:
While the petitioner’s work has substantial merit, the evidence provided did not sufficiently demonstrate that his specific role would have a broader national impact beyond his employer.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide compelling evidence to show that waiving the labor certification would result in a significant benefit to the United States.
Supporting Evidence
The petitioner submitted several government and industry reports, prior work products, and copies of two non-precedent decisions to support the national importance of his endeavor. However, these were not deemed sufficient to establish the required national importance of his specific proposed work.
Inconsistencies in Proposed Endeavor
The petitioner did not adequately differentiate the impact of his specific role from the general importance of the oil and gas industry. The evidence provided primarily highlighted the industry’s significance rather than the petitioner’s unique contributions.
Supporting Documentation
Letters of Intent:
None provided.
Business Plan:
None provided.
Advisory Letter:
None provided.
Any Other Supporting Documentation:
The petitioner included copies of prior work products and several industry reports. These documents did not sufficiently address the national importance of his specific proposed endeavor.
Conclusion
Final Determination: The appeal was denied. The petitioner did not establish that his specific proposed endeavor met the national importance criterion or that it would be beneficial to the United States to waive the labor certification requirements.
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