Date of Decision: March 15, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Metallurgy and Materials
Petitioner Information
Profession: Industrial Technician
Field: Metallurgy and Materials
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Academic Record: The Petitioner holds a diploma as a technician in metallurgy and materials from the Federal Institute of Education, Science and Technology.
Criteria Not Met:
Experience: The Petitioner’s previous work as a control room operator does not align with her proposed endeavor as a CEO in project management consulting.
Licensing: The provisional professional identity card does not suffice as evidence of a valid license, especially given the change in the proposed role.
Salary: Inadequate proof that the Petitioner’s salary demonstrates exceptional ability.
Professional Membership: The membership in a Brazilian organization does not meet the criteria for a professional association requiring a bachelor’s degree equivalent.
Recognition: The claim to meet the sixth criterion related to recognition for achievements and significant contributions was not substantiated adequately.
Key Points from the Decision:
- The Petitioner’s evidence of exceptional ability was insufficient for the underlying EB-2 classification.
- The evidence provided did not demonstrate that she possesses a degree of expertise significantly above that ordinarily encountered in her proposed field of endeavor.
Proposed Endeavor
The Petitioner proposed to establish and manage a project management consulting company in the metallurgy industry, offering services such as project planning, economic assessments, compliance management, contract administration, and quality management assessment.
Substantial Merit and National Importance:
The Petitioner’s proposed endeavor was intended to have substantial merit and national importance in the field of metallurgy. However, the appeal did not sufficiently demonstrate the alignment between her past experience and the proposed role.
Supporting Evidence:
Business Plan: Included detailed roles and responsibilities, such as recruiting, financial management, and strategic development, but lacked evidence of the Petitioner’s qualifications for these tasks.
Letters of Intent: Provided letters indicating support but did not adequately address the required criteria for exceptional ability.
Inconsistencies in Proposed Endeavor
The Petitioner’s previous work experience and education did not align with the responsibilities of the proposed CEO role in project management consulting, leading to the conclusion that she did not possess the necessary expertise.
Supporting Documentation:
Letters of Intent: Highlighted potential support for the proposed business but did not substantiate claims of exceptional ability.
Business Plan: Detailed the proposed business operations but failed to connect the Petitioner’s expertise to the new role.
Advisory Letters: Offered some endorsement but lacked specific evidence to fulfill the exceptional ability criteria.
Any other supporting documentation: Insufficient to bridge the gap between the Petitioner’s background and the proposed role.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner failed to establish eligibility for the EB-2 classification as an individual of exceptional ability.
There was a significant disconnect between her previous experience and the proposed endeavor as a CEO in project management consulting.
