Date of Decision: APR. 7, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Construction Project Management
Petitioner Information
Profession: Construction Project Manager
Field: Civil Engineering
Nationality: Colombia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
8 C.F.R. § 204.5(k)(3)(ii)(A): Evidence of academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
8 C.F.R. § 204.5(k)(3)(ii)(C): Evidence that the alien has been a member of a professional association.
Criteria Not Met:
8 C.F.R. § 204.5(k)(3)(ii)(D): Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability.
8 C.F.R. § 204.5(k)(3)(ii)(E): Evidence of membership in professional associations.
Key Points from the Decision:
The petitioner met the criteria for academic record and professional association membership.
The evidence provided for commanded salary and membership in professional associations was insufficient.
Proposed Endeavor
The petitioner proposed to work as a construction project manager, leveraging his expertise in civil engineering to contribute to the U.S. construction industry.
Substantial Merit and National Importance:
The petitioner did not sufficiently demonstrate how his proposed work would have substantial merit and national importance to the United States.
The evidence provided did not establish that the petitioner’s role would have a significant impact on the U.S. construction industry.
Supporting Evidence:
The petitioner submitted an academic record and evidence of a professional association membership.
The documentation for the commanded salary was not fully translated and lacked supporting evidence to demonstrate exceptional ability.
The membership in professional associations was not adequately supported by evidence to qualify under the criterion.
Inconsistencies in Proposed Endeavor
The petitioner’s evidence regarding the salary was not fully translated or supported, and the professional association membership did not meet the required criteria.
The petitioner’s average salary as a civil engineer in Colombia did not demonstrate exceptional ability as a construction project manager.
Supporting Documentation:
Letters of Intent: Non
Business Plan: Non
Advisory Letter: Non
Any other supporting documentation: Non
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet the necessary criteria for the EB-2 National Interest Waiver.
Reasoning: The petitioner’s evidence did not sufficiently establish his qualifications for the EB-2 classification or the national interest waiver.
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