Date of Decision: March 10, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marine Engineering
Petitioner Information
Profession: Marine Engineer
Field: Naval and Marine Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The Director concluded that the proposed endeavor does not have national importance.
- Positioned to Advance the Endeavor: The record did not establish that the Petitioner is well-positioned to advance the proposed endeavor.
- Beneficial to Waive Job Offer Requirement: The record did not satisfy the third Dhanasar prong.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue working as a marine engineer with multinational companies in the U.S., providing expert technical advice, working on large engineering projects, improving testing practices, developing designs for marine systems, guiding new engineers, and generating tax revenue.
Substantial Merit and National Importance:
The Petitioner asserted that the endeavor would contribute to the U.S. economy and generate business revenue. However, the evidence was insufficient to show that the proposed endeavor would have a broader impact beyond the Petitioner’s potential employer or clients.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not demonstrate that the endeavor would have a significant potential to employ U.S. workers or offer substantial positive economic effects. The Director concluded that the proposed endeavor did not rise to the level of national importance required for a waiver.
Supporting Evidence:
The Petitioner provided general information about the marine engineering industry, industry-wide revenue, job-creation figures, and articles about the COVID-19 pandemic’s effect on the oil and gas industry. However, these articles and industry reports did not specifically address the Petitioner’s proposed endeavor.
Inconsistencies in Proposed Endeavor:
The Director noted that the evidence was insufficient to demonstrate that the proposed endeavor would have a significant impact on the field of marine engineering more broadly, as opposed to primarily impacting an employer, single clients, or projects.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
The Petitioner referenced his potential employer’s 10-year estimate for revenue and job growth, but it did not reference the Petitioner or his proposed endeavor specifically.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish that the proposed endeavor has national importance or that it would be beneficial to waive the requirements of a job offer and labor certification.
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