Date of Decision: September 20, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Process Engineering
Petitioner Information
Profession: Process Engineer
Field: Process Engineering and Project Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner’s work in process engineering and project management was deemed insufficient to meet the “national importance” criterion as it was limited to the petitioner’s employer and its clientele, without broader implications for the field or significant economic impact on a national scale.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to demonstrate his capacity to influence or advance the field of process engineering significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The evidence did not sufficiently demonstrate that the national interest would be served by waiving the labor certification requirements for the petitioner’s work.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to continue working as a process engineer and project manager, specifically in the construction and operation of processing facilities. He aimed to support the establishment of new facilities and enhance technical capabilities.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not recognized for its substantial merit and national importance due to its limited impact beyond his employer’s operations. The potential economic implications of the petitioner’s projects were not sufficiently demonstrated to have national significance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s argument that his work would benefit the United States by supporting new technologies and facilities was not substantiated with sufficient evidence to justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including scope of work documents, project proposals, and articles highlighting industry trends. However, these did not convincingly demonstrate the petitioner’s significant impact on the field or national importance of his work.
Inconsistencies in Proposed Endeavor:
The documentation provided did not clearly support the petitioner’s claims of national importance or broader impact beyond his employer’s immediate needs and operations.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or insufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included project proposals and industry articles, which did not adequately demonstrate a significant national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating substantial merit and national importance of his proposed endeavor, nor did he provide sufficient evidence that waiving the labor certification requirement would be beneficial to the United States.
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