Date of Decision: April 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Advanced Materials Engineering
Petitioner Information
Profession: Researcher
Field: Advanced Materials Engineering
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Evidence of advanced degree: The petitioner provided proof of earning a degree in Advanced Materials Engineering.
- Professional experience: Documentation of professional experiences post-degree was submitted.
Criteria Not Met:
- Sustained national or international acclaim: No substantial evidence of acclaim in the field.
- Impact on the industry: The evidence provided did not sufficiently demonstrate a significant impact on the field of Advanced Materials Engineering.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to develop new composite materials with applications in renewable energy sectors.
Substantial Merit and National Importance:
- The project was recognized for its potential contributions to renewable energy; however, the evidence of its national importance was deemed insufficient.
Supporting Evidence:
- The petitioner submitted letters of intent and advisory letters, but they lacked persuasive arguments about the indispensability of the petitioner’s work to the U.S. national interest.
Inconsistencies in Proposed Endeavor:
- There were discrepancies between the claimed experience and documented evidence, which raised doubts about the veracity of the petitioner’s claims.
Supporting Documentation
Letters of Intent:
- Provided by potential industry collaborators; however, they lacked firm commitments or detailed plans of action.
Business Plan:
- The business plan was considered but found lacking in details regarding the implementation and potential impact.
Advisory Letter:
- Advisory letters from experts in the field were supportive but failed to adequately emphasize the unique contributions of the petitioner.
Conclusion
The final determination was that the petitioner failed to meet the criteria for a National Interest Waiver. The USCIS highlighted the need for more compelling evidence of national importance and impact on the industry.
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