Date of Decision: July 8, 2021
Service Center: Texas 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: Environmental Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor had substantial merit and national importance. Her research in solid waste and wastewater treatment, as well as her work on predicting and mitigating harmful algae blooms, were acknowledged to have significant implications for environmental protection and public health.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner provided sufficient evidence to show she was well-positioned to advance her proposed endeavor. She submitted documentation of her academic credentials, published articles, and letters of support that convincingly demonstrated her capacity to influence and advance the fields of environmental engineering and waste management significantly.
Criteria Not Met:
- None: The petitioner met all the criteria needed for an advanced degree professional as specified in the labor certification.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work in environmental engineering by developing models for solid waste treatment, optimizing membrane technology for wastewater treatment, and evaluating water quality to forecast and mitigate algae blooms. Her goal was to contribute to these fields through her research and publications.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit and national importance due to its potential to address critical issues in environmental protection and public health. Her research has broader implications for the field, as it is disseminated through scientific journals and conferences and has been supported by significant institutions like the United States Department of Agriculture’s Agricultural Research Service.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would contribute to the United States by enhancing the body of knowledge in environmental engineering and waste management. The evidence provided adequately supported the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted her curriculum vitae, academic credentials, published articles, and letters of support. These documents adequately demonstrated her ability to significantly impact her field. The letters from colleagues and professionals praised her work and provided concrete examples of her research being implemented and influencing other researchers and projects.
Inconsistencies in Proposed Endeavor
The petitioner’s evidence consistently supported her influence and impact in the field of environmental engineering. The documentation clearly showed that her work had been widely adopted and recognized in the field.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided and sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised her work and adequately demonstrated her significant impact in the field.
Conclusion
The appeal was approved. The petitioner met the criteria for demonstrating that she is well-positioned to advance her proposed endeavor and that waiving the labor certification requirement would benefit the United States. The evidence provided was sufficient to support her claims of substantial impact and national importance.
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