Date of Decision: December 1, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mechanical Engineering
Petitioner Information
Profession: Mechanical Engineer
Field: Product Development, Quality Development, and Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor in product development, quality development, and management holds significant merit as it benefits U.S. companies.
- Professional Qualifications: The petitioner is qualified as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner’s proposed endeavor did not demonstrate broader implications within the field or significant potential to impact the national economy.
- Employer Restrictions: The non-compete clause in the petitioner’s employment contract limits her ability to engage in broader national endeavors without the employer’s consent.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to share her knowledge in product development, quality development, and management with U.S. companies, universities, and research centers, aiming to improve financial performance and market share.
Substantial Merit and National Importance:
While the endeavor has substantial merit in the business context, it failed to demonstrate national importance. The activities described were seen as benefiting the petitioner’s employer rather than having 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’s endeavor did not show urgent national interest or a significant positive economic effect that would justify waiving the job offer requirement.
Supporting Evidence:
- Letters of Intent: Various job offer emails and an employment contract indicating the petitioner’s role as a Supplier Development Engineer.
- Business Plan: Detailed plans for product development and improvement.
- Advisory Letter: Opinions from industry experts on the potential benefits of the petitioner’s work.
Inconsistencies in Proposed Endeavor:
The employment contract’s non-compete clause significantly restricted the petitioner’s ability to engage in additional employment or consulting activities without the employer’s consent.
Supporting Documentation
Letters of Intent:
Several emails with job offers from different companies, highlighting the demand for the petitioner’s expertise.
Business Plan:
A business plan for the development of an aeronautical meal cart, showing the petitioner’s commitment to innovative product development.
Advisory Letter:
A letter from a university chairman supporting the petitioner’s research and its potential impact on the aviation industry.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not sufficiently demonstrate that the proposed endeavor has national importance or broader implications that would benefit the United States enough to waive the job offer requirement.
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