Date of Decision: February 16, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Public Safety
Petitioner Information
Profession: Public Safety Officer
Field: Public Safety
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet any of the required criteria.
Criteria Not Met:
Substantial Merit: The Petitioner did not establish the substantial merit of his proposed endeavor.
National Importance: The Petitioner did not sufficiently demonstrate the national importance of his proposed endeavor. The work was limited to his current employer, with no evidence of job creation or broader economic impact.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a public safety officer, seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced degree and as an individual of exceptional ability. He aims to obtain a national interest waiver of the job offer requirement attached to this EB-2 classification.
Substantial Merit and National Importance:
The endeavor to employ the Petitioner as a public safety officer was not found to have substantial merit or national importance. The evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the U.S. economy or broader U.S. interests on a national level.
Supporting Evidence:
The Petitioner submitted his personal statement, letters of recommendation, and an expert opinion letter. However, these documents did not provide detailed evidence of substantial positive economic effects or broader national impact.
Inconsistencies in Proposed Endeavor:
The Petitioner initially provided evidence that he would contribute to public safety initiatives within his current employment. However, he did not provide sufficient evidence to establish how the implications of his proposed endeavor rise to the level of national importance.
Supporting Documentation
Letters of Intent:
The intent letters from professional acquaintances praised the Petitioner’s abilities but lacked specific details on the substantial positive economic effects.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The record included personal statements, letters of recommendation, and an expert opinion letter but did not connect these to the Petitioner’s specific proposed contributions in the field of public safety.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to establish that his proposed endeavor had substantial merit and national importance. The record lacked detailed information on how his work would produce substantial positive effects or broader impacts at a national level. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
