Date of Decision: April 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Environmental Health and Safety
Petitioner Information
Profession: Environmental Manager
Field: Environmental Health and Safety (EHS)
Nationality: [Blank]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor to improve environmental management systems and operations in the U.S. is of substantial merit.
- Qualification as an Advanced Degree Professional: The petitioner qualifies under the EB-2 classification as she holds an advanced degree and has significant expertise in her field.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate the national importance of her proposed endeavor under the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
- The petitioner intends to assist U.S. organizations in enhancing systems and procedures to safeguard against environmental and health risks.
Substantial Merit and National Importance:
- While the petitioner’s endeavor has substantial merit, she failed to establish its national importance. Her proposed environmental management work lacks a demonstrable impact on a national scale.
Supporting Evidence
- The petitioner submitted a business plan and articles discussing the role of environmental management in the U.S., which support her claims of substantial merit.
Inconsistencies in Proposed Endeavor
- There is a lack of sufficient evidence to support the projected positive economic impacts and the need for additional employment as claimed in the petitioner’s business plan.
Supporting Documentation
Business Plan:
- Includes market analyses and financial forecasts but lacks detailed substantiation for projected growth and economic benefits.
Expert Opinion Letter:
- Provided by Dr. A-A-, which generalizes the importance of the field rather than substantiating the specific national impact of the petitioner’s proposed endeavor.
Conclusion
The appeal was denied. The petitioner did not convincingly demonstrate the national importance of her proposed endeavor, specifically failing to provide evidence of its broad impact on U.S. public health, safety, or economy.
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