EB-2 NIW USCIS Appeal Review – Principal Engineer-Electrical – JUN252019_01B5203

Date of Decision: June 25, 2019

Service Center: Nebraska Service Center

Form Type: Form I-140

Case Type: EB-2 National Interest Waiver (NIW)

Field of Expertise: Electrical Engineering

Petitioner Information

Profession: Principal Engineer-Electrical
Field: Intraocular Lens Manufacturing and Eye Care Treatments
Nationality: [Not Specified]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Approved

Evidentiary Criteria Analysis

Criteria Met:

Documented Acquisition of Predecessor’s Business: The petitioner provided a full copy of the stock purchase agreement, demonstrating the transfer of a specific business unit, which included the offered position.

Continuity of Job Opportunity: The documentation proved that the job opportunity remained the same as listed on the labor certification, despite the ownership change.

Criteria Not Met:

Not Applicable: All necessary criteria were met upon appeal.

Key Points from the Decision

Proposed Endeavor:
The petitioner, an intraocular lens manufacturer and provider of eye care treatments, sought to employ the beneficiary as a principal engineer-electrical. The petitioner’s endeavor involved continuing the business activities of the acquired unit, focusing on manufacturing and providing advanced intraocular lenses and eye care solutions.

Substantial Merit and National Importance:
The appeal established that the petitioner’s business has substantial merit and national importance, particularly in the field of eye care and medical device manufacturing. This contributes significantly to public health by providing advanced medical solutions.

Supporting Evidence:

Stock Purchase Agreement: Detailed documentation of the ownership transaction.

Labor Certification: Verified that the specific job opportunity, beneficiary, and area of intended employment remained consistent.

Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor upon appeal.

Supporting Documentation

Letters of Intent: Not applicable
Business Plan: The business plan remained consistent with the labor certification and the transferred business unit.
Advisory Letter: Not applicable
Other Supporting Documentation: Comprehensive documentation detailing the transfer of the business unit and continuity of the job opportunity.

Conclusion

Final Determination: Approved
Reasoning:
The appeal was sustained as the petitioner successfully documented the acquisition of the predecessor’s business, ensured continuity of the job opportunity, and demonstrated eligibility as the successor-in-interest. The evidence presented confirmed that the petition met all the necessary criteria under the EB-2 NIW classification.

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Victor Chibuike
Victor Chibuike

A major in Programming,Cyber security and Content Writing

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