Date of Decision: APR. 14, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Construction Trades
Petitioner Information
Profession: Construction Tradesman
Field: Industrial Engineering Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner provided ownership documents for their company and a sworn affidavit.
Criterion 2: The Petitioner submitted an unsworn business relationship confirmation letter from their sole client and photos purporting to show on-site inspections.
Criteria Not Met:
Criterion 1: The Petitioner misrepresented their professional activities, performing construction trades rather than industrial engineering consulting.
Criterion 2: The supporting documents were deemed unreliable or insufficient to prove the claimed professional activities.
Key Points from the Decision:
The Petitioner’s repeated material misrepresentations about their present professional activities led to the revocation of their petition’s approval. The discrepancies between the Petitioner’s claimed industrial engineering consulting activities and the actual construction trades they performed cast doubt on their eligibility for the national interest waiver.
Proposed Endeavor
The Petitioner proposed to perform industrial engineering consulting in the area of occupational health and safety for a wide range of industries through their established company.
Substantial Merit and National Importance:
The Petitioner claimed the proposed endeavor would improve workplace safety, increasing productivity and reducing employers’ costs in medical leave and workers’ compensation. However, it was unclear how the Petitioner’s activities would have a potential prospective impact beyond their sole client.
Supporting Evidence:
The Petitioner provided:
Ownership documents for their company
Sworn affidavit describing their professional activities
Business relationship confirmation letter from their sole client
Photos of on-site inspections
Inconsistencies in Proposed Endeavor:
The Petitioner’s claim of performing industrial engineering consulting was inconsistent with evidence showing they performed construction trades such as apartment demolition, plumbing, and cabinetry work.
Supporting Documentation
Letters of Intent:
The unsworn business relationship confirmation letter from the Petitioner’s sole client was found unreliable due to inconsistencies with other evidence.
Business Plan:
The Petitioner did not provide a detailed business plan supporting their claimed industrial engineering consulting services.
Advisory Letter:
The Petitioner did not provide an advisory letter supporting their proposed endeavor.
Any other supporting documentation:
The photos submitted were deemed staged and lacked context, making them insufficient to prove the Petitioner’s claimed professional activities.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner’s repeated misrepresentations about their professional activities undermined their credibility and eligibility for the national interest waiver. The evidence provided was insufficient to prove their claimed endeavor of industrial engineering consulting.
