Date of Decision: September 16, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Power Line Work
Petitioner Information
Profession: Journeyman Power Lineman
Field: Power Line Installation and Maintenance
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- License to Practice the Profession: The petitioner provided a “Journeyman Certificate” showing authorization to work in the trades as a journeyman, meeting the plain language of the regulatory criterion.
Criteria Not Met:
- Academic Record: The petitioner did not establish that the provided documentation, such as certificates, represented “official academic records” from a college, university, school, or other institution of learning.
- Commanded Salary: The petitioner did not show that he commanded a salary commensurate with exceptional ability, comparing his salary to non-journeyman positions rather than to the salaries of other journeyman power linemen in Canada.
- Membership in Professional Associations: The petitioner’s membership with the International Brotherhood of Electrical Workers (IBEW) did not meet the criterion as it did not show that the IBEW has a membership body comprised of individuals who have earned a U.S. baccalaureate degree or its foreign equivalent.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a journeyman power lineman, contributing to the power line installation and maintenance industry.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not recognized for substantial merit and national importance due to the lack of demonstrated exceptional ability and the national interest in his specific contributions.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, pay stubs, certificates, and a membership letter from IBEW. However, these documents did not adequately demonstrate his ability to significantly impact his field.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his exceptional ability and impact were not fully supported by the evidence provided.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Included certificates and membership letters, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of exceptional ability and national importance.
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