Date of Decision: December 12, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Corrosion Science
Petitioner Information
Profession: Corrosion Science Engineer
Field: Mechanical Engineering
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained (Approved)
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The petitioner holds a Ph.D. in mechanical engineering, qualifying him as an advanced degree professional.
Substantial Intrinsic Merit: The petitioner’s work in corrosion science, specifically in developing corrosion mitigation systems for infrastructure, was recognized as having substantial intrinsic merit.
National Scope: The petitioner demonstrated that his work has national and international significance, extending beyond local benefits.
Criteria Not Met:
None identified in the final decision; the initial denial was overturned upon appeal.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to continue his work as a corrosion science engineer, focusing on developing and applying corrosion mitigation systems for infrastructure projects across the United States.
Substantial Merit and National Importance:
The petitioner’s work involved creating and guiding the installation of corrosion mitigation technologies that enhance the longevity and safety of bridges and other infrastructure.
His research and practical applications were recognized for their significant contributions to infrastructure maintenance and public safety.
Supporting Evidence:
The petitioner provided extensive documentation of his academic qualifications, professional experience, published research, and impact on the field.
Letters of support from peers and industry professionals highlighted the petitioner’s influential work and its adoption in various projects.
His publications have been widely cited by independent researchers globally, demonstrating his influence in the field of corrosion science.
Inconsistencies in Proposed Endeavor:
None noted. The petitioner’s work and its impact were consistently recognized by peers and industry experts.
Supporting Documentation
Letters of Intent:
Letters from industry professionals and peers detailing the importance and impact of the petitioner’s work.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Copies of academic degrees, published research, citation records, and documentation of specific projects the petitioner worked on.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
Reasoning:
The petitioner demonstrated that he qualifies as an advanced degree professional and that his work in corrosion science serves the national interest to a significantly greater degree than would an available U.S. worker with the same minimum qualifications. The petitioner’s past achievements and ongoing contributions justified the approval of the national interest waiver.
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