Date of Decision: March 28, 2024
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 Studies
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor aimed at contributing to sustainable development through improved waste and plastics management was recognized for its merit.
- Positioned to Advance Endeavor: The petitioner holds foreign equivalent degrees relevant to the field, indicating capability.
Criteria Not Met:
- National Importance: The evidence provided did not sufficiently demonstrate that the endeavor holds national importance, focusing instead on the broader field without direct links to the petitioner’s specific plans.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to contribute to ecosystem restoration in the U.S. by improving waste management and plastics handling processes.
Substantial Merit and National Importance:
The decision highlighted a lack of direct evidence linking the proposed endeavor’s specific activities to national implications, a critical component for NIW consideration.
Supporting Evidence:
The decision discussed the petitioner’s personal statement and various public and industry reports, concluding that while these documents establish the field’s merit, they fail to connect directly to the petitioner’s specific endeavor.
Inconsistencies in Proposed Endeavor:
The appeal pointed out inconsistencies in the petitioner’s revised statements and the original application, suggesting a lack of clear, consistent strategy to impact the field nationally.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The evidence was deemed insufficient to demonstrate national importance, focusing instead on the general industry landscape.
Conclusion
The final determination upheld the denial of the NIW. The key reasons included a lack of direct evidence of national importance and inconsistencies in the petitioner’s proposed strategies.
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