Date of Decision: June 9, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Chemical Engineering
Petitioner Information
Profession: Research Chemical Engineer
Field: Chemical Engineering, Petroleum, Manufacturing, Higher Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor had substantial merit. Her expertise and work in chemical engineering, particularly in optimizing production and implementing inventive processes, were acknowledged.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to show that her specific proposed endeavor had national importance. While she cited general information on U.S. energy production and manufacturing, she failed to establish a direct correlation between her work and these broad topics.
- Well-Positioned to Advance the Proposed Endeavor: Although the petitioner highlighted her extensive experience and achievements, she did not provide specific evidence to demonstrate her capacity to advance the proposed endeavor significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that waiving the labor certification requirement would be beneficial to the United States. She did not provide sufficient evidence of the projected U.S. economic impact or job creation attributable to her work.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her career as a research chemical engineer, working in chemical engineering, petroleum, manufacturing, and higher education. She aimed to optimize production and implement inventive processes while also passing on her expertise to students.
Substantial Merit and National Importance:
The petitioner’s work was recognized for its substantial merit. However, the petitioner did not sufficiently demonstrate the national importance of her specific proposed endeavor. The evidence provided did not show how her work would have a broader impact on the field or the U.S. economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would contribute to the United States by enhancing the body of knowledge in chemical engineering and related fields. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her curriculum vitae, academic credentials, and a statement of her career intentions. However, these documents did not adequately demonstrate the national importance or the projected U.S. economic impact of her work.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized in the field of chemical engineering.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included a brief on her extensive expertise and professional experience, but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor had national importance or that she was well-positioned to advance it. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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