Date of Decision: March 26, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Environmental Engineering
Petitioner Information
Profession: Environmental Engineer
Field: Coastal Restoration and Conservation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The petitioner demonstrated that he qualifies for the classification as an individual of exceptional ability.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that his proposed endeavor of coastal restoration and conservation has national importance. The evidence provided did not establish that his work extends beyond his specific projects to impact the broader field.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that waiving the labor certification requirement would be beneficial to the United States. The arguments presented did not convincingly demonstrate a significant impact on the economy, education, research, health, or culture.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work in coastal restoration and conservation. He aimed to benefit the economy and impact education, research, health, and culture through his work as an environmental engineer.
Substantial Merit and National Importance:
While the petitioner claimed that his work has substantial merit and national importance, the evidence did not support this claim. The petitioner’s previous and current documentation did not convincingly show that his work impacts the field of environmental engineering beyond his specific projects.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his contributions in coastal restoration and conservation would benefit the United States. However, he did not provide sufficient evidence to support the claim that his work justifies waiving the labor certification process.
Supporting Evidence:
The petitioner submitted a personal statement, academic credentials, and references to past accomplishments. However, these did not adequately demonstrate his ability to significantly impact the field of environmental engineering or provide evidence of a national interest in his contributions.
Inconsistencies in Proposed Endeavor:
The petitioner attempted to re-characterize his proposed endeavor from coordinating a school for bodyboarding and environmental awareness to that of an environmental engineer. This constituted a material change to the petition, which is not permissible under USCIS guidelines.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but did not sufficiently support the claim of national importance.
Any Other Supporting Documentation:
Included personal statements and references to past accomplishments, which did not adequately demonstrate significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed endeavor has national importance or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims.
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