Date of Decision: August 31, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical and Computer Engineering
Petitioner Information
Profession: Researcher
Field: Electrical and Computer Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Approved, then Revoked
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The proposed endeavor was determined to have substantial merit and national importance.
- Waiver Beneficial to the U.S.: We reserved our opinion on whether the record establishes that, on balance, it would be beneficial for the United States to waive the requirements of a job offer and thus of a labor certification.
Criteria Not Met:
- Well-Positioned to Advance the Endeavor: The Petitioner did not establish he is well-positioned to advance the endeavor.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to advance research in electrical and computer engineering with a focus on sensing applications and methodologies.
Substantial Merit and National Importance:
The proposed research was found to have substantial merit and national importance, contributing significantly to the field of electrical and computer engineering.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The decision did not conclude on this aspect, reserving judgment on whether waiving the labor certification requirement would be beneficial to the U.S.
Supporting Evidence:
The Petitioner provided letters of recommendation, citation statistics, and documentation related to a DARPA-funded research program. However, these were deemed insufficient to establish the Petitioner as well-positioned to advance the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The evidence presented did not convincingly demonstrate the Petitioner’s work as an impetus for progress in the field or substantial positive discourse in the sensing applications industry.
Supporting Documentation
Letters of Intent:
Eight letters of recommendation were submitted, but they did not sufficiently distinguish the Petitioner’s work from others in the field.
Business Plan: N/A
Advisory Letter: N/A
Any Other Supporting Documentation:
The Petitioner’s citation index for his articles and additional supporting evidence for his DARPA-funded research were not deemed credible or substantial enough to meet the required criteria.
Conclusion
Final Determination: The appeal was denied. The Petitioner did not sufficiently demonstrate that he is well-positioned to advance his proposed endeavor in electrical and computer engineering, and thus the national interest waiver requirements were not met.
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