Date of Decision: December 1, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Environmental Science
Petitioner Information
Profession: Environmental Scientist
Field: Civil & Environmental Engineering
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Master’s Degree in Civil & Environmental Engineering: The petitioner holds a U.S. master’s degree in the relevant field, which meets the educational requirements specified in the labor certification.
Criteria Not Met:
24 Months of Relevant Experience: The petitioner did not sufficiently demonstrate the required 24 months of experience as a researcher, including the necessary 1 year of laboratory and research experience in sampling and onsite testing of contaminated soil, water, oil, and air.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as an environmental scientist. The proposed endeavor involved conducting sampling and onsite testing of contaminated soil, water, oil, and air.
Substantial Merit and National Importance:
The petition failed to demonstrate substantial merit and national importance. The arguments provided were insufficient to show that the petitioner’s work would have a significant national impact beyond the immediate employment area.
Supporting Evidence:
The petitioner provided a master’s degree, employment verification letters, and other documentation. However, the evidence did not convincingly establish the petitioner’s qualifications or the substantial merit and national importance of the proposed work.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the petitioner’s employment history, particularly regarding overlapping employment dates and the sufficiency of part-time and full-time employment claims.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any Other Supporting Documentation: Not applicable.
Conclusion
Final Determination: The appeal was denied.
Reasoning: The petitioner did not provide sufficient evidence to meet the experience requirements specified in the labor certification. The documentation provided did not adequately demonstrate that the petitioner had the necessary 24 months of qualifying employment experience. Additionally, the petitioner did not establish the ability to pay the proffered wage from the priority date onward.
Download the Full Petition Review Here
