Date of Decision: May 12, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Alternative Energy Storage Technologies
Petitioner Information
Profession: Ph.D. Student
Field: Alternative Energy Storage Technologies
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Educational Background: The Petitioner holds two master’s degrees, one in petroleum engineering and another in engineering physics, and is currently pursuing a Ph.D.
Research Contributions: The Petitioner has demonstrated a notable publication and citation history, with others citing their findings in the field of alternative energy storage.
Criteria Not Met:
N/A
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends to develop novel energy production and storage technologies through their research assistant position at the University of [Institution], and future post-doctoral research fellowship.
Substantial Merit and National Importance:
The Petitioner’s proposed endeavor is of substantial merit and national importance due to its potential impact on energy production and storage technologies, which are critical for national energy strategies.
Quotes and References: The decision noted the broader implications of the Petitioner’s work, supported by articles and reports describing the national strategy on critical and emerging technologies.
Supporting Evidence:
The Petitioner provided detailed accounts of their academic and industry experience, supported by credible documentation, publication records, and letters from academic acquaintances and professionals in the field.
Quotes and References: Letters provided detailed accounts of the Petitioner’s work and the significance of their contributions to the field.
Inconsistencies in Proposed Endeavor:
The Director initially had concerns regarding the incomplete presentation of the proposed endeavor at the time of filing, but these were addressed with the additional evidence provided in response to the RFE.
Supporting Documentation
Letters of Intent:
N/A
Business Plan:
N/A
Advisory Letter:
The Petitioner provided letters from academic acquaintances and professionals, detailing the significance of their work and its impact on the field.
Any other supporting documentation:
Additional credible documentation supporting the Petitioner’s progress and plans for future research.
Conclusion
Final Determination: The appeal was sustained. The Petitioner demonstrated eligibility for a national interest waiver under the Dhanasar framework.
Reasoning:
The Petitioner provided sufficient evidence to meet the three prongs of the Dhanasar framework. They demonstrated that their proposed endeavor has substantial merit and national importance, that they are well-positioned to advance this endeavor, and that it would be beneficial to the United States to waive the job offer and labor certification requirements.
