Date of Decision: May 8, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Petroleum Engineering
Petitioner Information
Profession: Petroleum Engineer
Field: Petroleum Engineering
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualifies as a member of the professions holding an advanced degree.
- Exceptional Ability: The petitioner is recognized as an alien of exceptional ability in the sciences.
Criteria Not Met:
- National Interest: The petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
- Influence on Field: The petitioner failed to demonstrate a past record of prior achievement with some degree of influence on the field as a whole.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a petroleum engineer, proposed to engage in activities related to petroleum engineering. However, the specifics of the proposed endeavor were not sufficiently detailed to demonstrate its substantial merit and national importance.
Substantial Merit and National Importance:
USCIS determined that the petitioner’s proposed activities did not sufficiently demonstrate substantial merit and national importance. The decision referenced the need for a clear showing of influence on the field as a whole, which was not adequately provided.
Supporting Evidence:
The petitioner provided letters of recommendation and other supporting documentation. However, these were deemed insufficient to establish the claimed national interest.
Inconsistencies in Proposed Endeavor:
The decision noted inconsistencies and lack of detailed evidence supporting the substantial merit and national importance of the proposed endeavor.
Supporting Documentation
- Letters of Intent: The provided letters did not sufficiently demonstrate the national interest or substantial merit of the proposed endeavor.
- Business Plan: Not applicable.
- Advisory Letter: Not applicable.
- Other Supporting Documentation: The documentation failed to support the claimed exceptional ability and national interest adequately.
Conclusion
Final Determination: The petition remains denied.
Reasoning: The decision was based on the lack of sufficient evidence to demonstrate that the petitioner’s work met the criteria for substantial merit and national importance, as well as the failure to establish a past record of achievement influencing the field as a whole.
