Date of Decision: December 13, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Historical Architecture
Petitioner Information
Profession: Historical Architect
Field: Historical Architecture, Islamic Architecture
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner presented evidence of her extensive experience and proposed contributions to historical and Islamic architecture. However, her documentation did not sufficiently demonstrate that her work would have a national impact.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner failed to show that she was well-positioned to advance her proposed endeavor. The provided documentation of her academic credentials, published articles, and letters of support were insufficient to demonstrate her significant influence in the field.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not provide adequate evidence to justify waiving the labor certification requirement. The information submitted did not convincingly argue that her contributions would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work in historical and Islamic architecture, including consulting on the design of cultural centers and teaching classes.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was acknowledged for its potential to enhance cultural enrichment. However, the evidence provided did not demonstrate that her work would have a broader national impact.
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 in historical and Islamic architecture would benefit the United States. However, the evidence did not adequately support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted letters of support, academic credentials, and published articles. However, these documents did not sufficiently demonstrate her ability to significantly impact the field of historical and Islamic architecture.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized at a national level.
Supporting Documentation
Letters of Intent:
Not sufficiently detailed or supportive of the claim for national importance.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Included but lacked sufficient detail to support the claim of national importance.
Any Other Supporting Documentation:
Additional letters from colleagues and professionals praised her work but did not adequately demonstrate a significant national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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