Date of Decision: March 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering
Petitioner Information
Profession: Power Systems Project Manager
Field: Electrical Engineering
Nationality: Honduran
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: Established possession of a foreign equivalent to a U.S. bachelor’s degree in electrical engineering and over five years of post-baccalaureate progressive experience.
- Positioning to Advance Proposed Endeavor: Demonstrated a well-positioned status to advance in managing energy projects based on extensive experience and professional qualifications.
Criteria Not Met:
- National Importance: Failed to prove that his endeavor in power systems management carries national importance or substantial positive economic impacts.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to manage energy projects in the U.S., focusing on designing, developing, and maintaining electrical systems.
Substantial Merit and National Importance:
- Though the petitioner demonstrated substantial merit in his field, the appeal failed because he could not establish that his work had national importance or would significantly impact the U.S. energy sector or economy.
Supporting Evidence
- Despite submitting educational credentials, a detailed employment history, and various letters of intent and recommendation, the evidence was insufficient to prove national importance or broad industry impact.
Inconsistencies in Proposed Endeavor
- The director noted that the petitioner’s work would not extend beyond his immediate employer or its clients, lacking broader implications for the national industry.
Supporting Documentation
Letters of Intent:
- Included a specific job offer from a North Carolina company, which however did not suffice to demonstrate national relevance.
Business Plan:
- Not applicable as the petitioner did not provide a comprehensive business plan related to his endeavor.
Advisory Letter:
- General supportive statements from industry professionals which lacked the necessary detail on the national importance of the endeavor.
Any Other Supporting Documentation:
- Industry reports and articles provided were outdated and not sufficiently relevant to the specific endeavor.
Conclusion
The appeal was denied due to insufficient evidence of the national importance of the petitioner’s proposed endeavor. Despite his qualifications and the substantial merit of his work, the broader impacts necessary for a national interest waiver were not demonstrated.
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