Date of Decision: APR. 12, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mechanical Engineering
Petitioner Information
Profession: Mechanical Engineer
Field: Engineering, Procurement, and Construction (EPC) in the Oil and Gas Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Petitioner demonstrated that the proposed endeavor of contributing to the development of the oil and gas industry through construction management has substantial merit.
Criteria Not Met:
National Importance: The Petitioner did not establish that the proposed endeavor extends beyond benefiting the employer and its clients to have a broader impact on the industry or the national economy.
Key Points from the Decision:
The Director’s Evaluation: The Director did not initially address whether the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree or as an individual of exceptional ability. The Director incorrectly stated that the Petitioner’s bachelor’s degree alone qualifies him for advanced degree professional status.
Proposed Endeavor: The Petitioner aims to work as a Construction Manager in the oil and gas sector, handling EPC projects of refining plants, power generation, LNG generation, and transportation.
Substantial Merit and National Importance: The endeavor has substantial merit but lacks evidence of broader national importance. The Petitioner failed to show how the endeavor impacts the industry or field more broadly beyond benefiting his employer.
Supporting Evidence: The Petitioner provided letters of reference, a letter of interest, and generalized information about the oil and gas industry. However, these documents did not sufficiently demonstrate the national importance of the specific endeavor.
Proposed Endeavor
The Petitioner intends to contribute to the energy and oil and gas sector as a Construction Manager. This role involves developing execution plans, coordinating activities, inspecting materials, managing quality, and supervising installation and maintenance during the construction and repair of refining and power generation plants and LNG facilities.
Substantial Merit and National Importance:
The Petitioner’s proposed activities have substantial merit in ensuring the development and optimization of construction projects in the oil and gas industry. However, the evidence provided did not demonstrate that the endeavor extends beyond the employer’s benefit to having national significance.
Supporting Evidence:
The Petitioner included a letter of reference, a letter of interest from a company in the oil and gas industry, and reports about the industry’s economic impact. These documents supported the substantial merit of the endeavor but did not establish its national importance.
Inconsistencies in Proposed Endeavor
Generalization: The evidence provided about the importance of the oil and gas industry was generalized and did not specifically relate to the Petitioner’s proposed endeavor.
Employer-Centric Impact: The proposed endeavor appeared to benefit the Petitioner’s employer directly without demonstrating broader national implications.
Supporting Documentation
Letters of Intent:
Provided general support for the Petitioner’s expertise and potential contributions.
Business Plan:
Outlined the Petitioner’s role and responsibilities in construction management within the oil and gas sector.
Advisory Letter:
Highlighted the Petitioner’s current project and its financial implications but did not address broader national importance.
Any other supporting documentation:
Included industry reports and a blog post that emphasized the significance of the oil and gas sector but lacked direct correlation to the Petitioner’s specific endeavor.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not meet the first prong of the Dhanasar framework, which requires demonstrating the national importance of the proposed endeavor. While the endeavor has substantial merit, it does not extend beyond the employer’s benefit to have a broader impact on the national level.
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