Date of Decision: December 6, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Geophysics
Petitioner Information
Profession: Geophysicist Engineer
Field: Geophysical Engineering, Oil and Gas Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner provided evidence of her education, experience, conference presentations, and peer review work which supported her ability to advance her proposed endeavor. However, some evidence, like conference presentations, was post-filing and did not contribute to eligibility at the time of filing.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not sufficiently demonstrate that her proposed endeavor had substantial merit and national importance. Although the petitioner’s field, oil and gas, is important, her specific endeavor did not provide evidence of broader impact or national importance beyond benefiting her employers and their clients.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The evidence provided did not convincingly demonstrate that waiving the labor certification requirement would be beneficial to the United States. The petitioner’s proposed endeavor lacked sufficient projected U.S. economic impact or job creation that would meet the national importance criterion.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work in the field of oil and gas by evaluating and optimizing the development of oil and gas fields, conducting research, and applying her expertise to explore unconventional reservoirs and identify natural fractures.
Substantial Merit and National Importance:
While the petitioner’s work in oil and gas was recognized as important, she did not provide sufficient evidence that her specific proposed endeavor had national importance. The evidence showed that her work benefited specific employers and clients rather than having a broader impact on the industry or national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would contribute to the U.S. by optimizing oil and gas recovery and reducing dependence on foreign oil. However, she failed to demonstrate that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted academic credentials, employment letters, and multiple academic equivalency evaluations. However, inconsistencies in these documents and lack of supporting transcripts reduced their probative value. Letters from colleagues praised her work but did not clearly establish the national importance of her proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence contained inconsistencies regarding the number of years of study for her degree and the specifics of her proposed endeavor. This lack of clarity weakened her case.
Supporting Documentation
Letters of Intent:
Not provided or summarized in the decision.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but did not sufficiently support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor had national importance or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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