Date of Decision: January 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Project Management in Upgrade Projects
Petitioner Information
Profession: Project Manager
Field: Project Management in Upgrade Projects
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None specified as satisfactorily met beyond the basic requirement.
Criteria Not Met:
- Criterion 1: Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations. The petitioner’s provided letters did not sufficiently demonstrate recognition or significant contributions as required.
- Criterion 2: Additional unspecified criteria not demonstrated by the evidence provided.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to continue his role in managing upgrade projects, providing support and managing solutions to minimize risks for clients.
Substantial Merit and National Importance:
The appeal failed to demonstrate that the petitioner’s contributions had a significant impact on the national level, as the supporting letters did not sufficiently detail his recognition or significant contributions to the field.
Supporting Evidence:
The evidence, primarily recommendation letters, highlighted the petitioner’s role and expertise in project management but lacked detailed information on significant contributions or industry-wide recognition.
Inconsistencies in Proposed Endeavor:
The provided documents did not adequately show a significant impact on the industry or substantial merit and national importance necessary for a National Interest Waiver.
Supporting Documentation
Letters of Intent:
Not applicable or not sufficiently addressed in the decision.
Business Plan:
Not applicable or not sufficiently addressed in the decision.
Advisory Letter:
The advisory letters failed to meet the criteria for demonstrating significant contributions or industry recognition.
Conclusion
Final Determination:
The appeal was dismissed due to insufficient evidence to meet the required criteria for an EB-2 National Interest Waiver, primarily concerning the lack of demonstrated significant contributions to the industry or field.
Reasoning:
The decision emphasized the petitioner’s failure to provide comprehensive evidence of significant contributions and recognition within his field as required for the National Interest Waiver.
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