Date of Decision: January 25, 2024
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: Mechanical Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner’s foreign degree is equivalent to a Bachelor’s degree in Mechanical Engineering in the U.S., and he has seven years of full-time relevant employment.
- Proposed Endeavor: Originally planned to seek employment across the U.S., later modified to founding a consulting company.
Criteria Not Met:
- Substantial Merit and National Importance: The appeal failed to establish that the petitioner’s endeavor would have a substantial positive economic impact or create significant job opportunities.
- National Interest: The business plan and endeavor’s specifics did not demonstrate the national importance required for a waiver.
Key Points from the Decision
Proposed Endeavor:
The petitioner initially sought employment as a mechanical engineer across the U.S. and later modified his endeavor to founding a mechanical engineering consulting company.
Substantial Merit and National Importance:
The director noted that the proposed endeavor has substantial merit but lacks evidence of significant job creation or broader economic impact necessary for national importance.
Supporting Evidence:
The petitioner provided employment verification letters and a business plan for a startup consulting company.
Inconsistencies in Proposed Endeavor:
The petitioner changed the nature of the proposed endeavor after filing, from seeking employment to establishing a consulting firm, which undermined the petition’s credibility.
Supporting Documentation
Business Plan:
Outlined a strategy to provide consulting services across the U.S., with plans to employ up to 17 workers by the fifth year.
Conclusion
Final Determination: The petitioner did not satisfactorily demonstrate that the proposed endeavor holds national importance, thus failing to justify a national interest waiver. The appeal is dismissed due to insufficient evidence of the endeavor’s potential impact on national interest.
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