Date of Decision: January 17, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Maintenance and Repair of Heavy Equipment
Petitioner Information
Profession: Mechanical Engineer
Field: Maintenance and Repair of Heavy Equipment
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Not explicitly listed in the document.
- Criterion 2: Not explicitly listed in the document.
Criteria Not Met:
- Criterion 1: National Importance – The petitioner’s proposed endeavor does not have substantial national importance as it fails to extend beyond his future customers and employer(s) to impact the automotive industry broadly.
- Criterion 2: U.S. Economic Impact – Insufficient evidence was provided to show any significant potential for job creation or substantial positive economic effects for the U.S. economy.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposes to work in the maintenance and repair of heavy equipment in the United States, aiming to enhance service quality and achieve greater results.
Substantial Merit and National Importance:
The appeal demonstrates substantial merit in the petitioner’s work but fails to establish its national importance. The impact of the proposed endeavor was seen as too limited, focusing only on immediate clients without broader implications.
Supporting Evidence:
The record includes articles on the significance of the automotive sector and letters of recommendation that commend the petitioner’s skills and contributions. However, these were not enough to substantiate the claims of national importance or significant economic benefit.
Inconsistencies in Proposed Endeavor:
The documentation presented did not conclusively prove the petitioner’s qualifications or the broader impact of his endeavor, with critical gaps in proving national importance and economic benefits.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Letters of recommendation were provided, praising the petitioner’s abilities but lacking persuasive details about the impact of his endeavor.
Any other supporting documentation:
The petitioner submitted articles and personal letters, but these were deemed insufficient to prove the national importance or economic impact of the proposed endeavor.
Conclusion
Final Determination: The appeal is dismissed. The evidence provided did not meet the criteria of national importance or provide substantial evidence of the potential economic benefits, as required under the national interest waiver guidelines.
Reasoning:
The decision focused on the lack of broad impact and economic benefits of the petitioner’s proposed endeavor, which did not satisfy the rigorous requirements for a national interest waiver under the Dhanasar framework.
