Date of Decision: December 6, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Geophysical Engineering
Petitioner Information
Profession: Geophysicist Engineer
Field: Geophysical Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that her proposed endeavor in geophysical engineering has substantial merit through her experience in the oil and gas industry.
- Positioned to Advance: The petitioner provided evidence of her qualifications and experience which positioned her well to advance the proposed endeavor.
Criteria Not Met:
- National Importance: The evidence did not establish that the proposed endeavor is of national importance, failing to demonstrate broader implications beyond specific employers and clients.
- Beneficial Waiver: The petitioner did not sufficiently prove 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 her work in the field of oil and gas, focusing on evaluating and optimizing the development of oil and gas fields. Her future research aims included quantitative interpretation combining geologic and engineering data, risk assessments of prospects, and play evaluation for new drilling opportunities.
Substantial Merit and National Importance:
While the petitioner’s work in the oil and gas industry is valuable, the evidence did not show that her proposed endeavor had broader national or global implications. The examples provided were specific to her employers and clients, lacking proof of wider impact on the industry or national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s work, though beneficial to her employers, did not provide sufficient evidence of a substantial positive impact on the U.S. economy or public interest to warrant a waiver of the labor certification process.
Supporting Evidence:
The petitioner submitted letters of recommendation, business plans, and articles highlighting the importance of geophysical engineering. However, these documents primarily illustrated her past successes without sufficiently linking them to national importance.
Inconsistencies in Proposed Endeavor:
The petitioner’s plan lacked clarity in how her proposed research and methodologies would directly impact the broader U.S. economy or public interest, focusing more on benefits to specific companies and clients.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Included general goals and methodologies but lacked specific details on national impact.
Advisory Letter: Not provided
Other Supporting Documentation: The petitioner included academic equivalency evaluations and personal statements, but these were insufficient to establish eligibility for the underlying classification.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The petitioner did not establish that she holds a U.S. equivalent advanced degree or that her proposed endeavor has national importance. Consequently, she did not meet the eligibility requirements for a national interest waiver.
