Date of Decision: August 25, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mechanical Engineering
Petitioner Information
Profession: R&D Staff Engineer – Mechanical
Field: Mechanical Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: Not explicitly mentioned as met. The decision primarily focuses on the position’s requirements rather than individual contributions.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence that the job required a noncitizen of exceptional ability. The labor certification did not demonstrate that the offered position’s needs met the exceptional ability criteria.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that the labor certification process requirements should be waived. The documentation did not establish that the offered position required a degree of expertise significantly above that ordinarily encountered.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as an R&D Staff Engineer – Mechanical. The position required a U.S. bachelor’s degree or a foreign equivalent degree in mechanical engineering or a related field, plus four years of related design experience, a master’s degree with two years of experience, or a doctorate with no experience.
Substantial Merit and National Importance:
The decision did not explicitly recognize the substantial merit and national importance of the petitioner’s proposed endeavor due to the focus on the job requirements rather than the individual’s contributions.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not demonstrate that waiving the labor certification requirement would be beneficial to the United States. The job’s requirements did not indicate a need for exceptional ability, and the petitioner’s argument did not provide sufficient evidence to support the waiver.
Supporting Evidence:
The petitioner submitted a labor certification and other supporting documents. However, these documents did not sufficiently demonstrate that the offered position required exceptional ability. The evidence provided did not support the claim that the position’s requirements aligned with the exceptional ability criteria.
Inconsistencies in Proposed Endeavor:
The decision noted inconsistencies between the job requirements and the need for a noncitizen of exceptional ability. The offered position’s requirements did not justify the classification under the exceptional ability category.
Supporting Documentation
Letters of Intent:
Not explicitly mentioned in the decision.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
Included labor certification and other supporting documents, which did not sufficiently demonstrate the need for a noncitizen of exceptional ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that the job required a noncitizen of exceptional ability. The evidence provided was insufficient to support the claim that the position’s requirements aligned with the exceptional ability criteria.
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