Date of Decision: March 31, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mechanical Engineering and Software Programming
Petitioner Information
Profession: Mechanical Engineer and Software Programmer
Field: Mechanical Engineering and Software Programming
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The petitioner’s endeavor has substantial merit, as demonstrated by two research projects aimed at providing cutting-edge business and engineering solutions to small businesses at low cost.
Criterion 2: The petitioner provided detailed descriptions of the methodologies and objectives of the projects, indicating potential benefits to small businesses.
Criteria Not Met:
Criterion 1: The petitioner did not sufficiently demonstrate the national importance of the proposed endeavor, lacking evidence of the potential prospective impact on a national level.
Criterion 2: There was insufficient evidence to show that the projects would have significant potential to employ U.S. workers or offer substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed two research projects aimed at lowering costs for small businesses through advanced IT services and the development of a low-cost machine. The first project focuses on creating communication solutions for small businesses, while the second aims to produce a functional machine for local artisans using locally sourced materials.
Substantial Merit and National Importance:
While the proposed endeavors have substantial merit in providing low-cost solutions to small businesses, the petitioner did not demonstrate their national importance. The potential impact on a broader scale, such as national or global implications within the fields of business and engineering, was not sufficiently documented.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate evidence to support the assertion that waiving the labor certification requirements would benefit the United States. The proposed projects lacked demonstrated impact beyond potential clients, failing to meet the threshold of national importance.
Supporting Evidence:
The petitioner submitted research documents, a business plan, and a list of potential investors. However, these documents did not adequately demonstrate the national impact or economic benefits required for the national interest waiver.
Inconsistencies in Proposed Endeavor:
The proposed projects were not shown to extend their impact beyond the immediate clients or customers, failing to demonstrate significant national or economic importance.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan outlined the methodologies and objectives of the two research projects but did not provide sufficient evidence of their national importance.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The petitioner provided a list of potential investors and additional project assessments, which were not considered as they were submitted for the first time on appeal.
Conclusion
The appeal was dismissed. The petitioner did not sufficiently demonstrate the national importance of the proposed endeavors or provide adequate evidence of substantial positive economic effects on a national scale.
