Date of Decision: April 24, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Safety Engineering
Petitioner Information
Profession: Safety Engineer
Field: Safety Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: Demonstrated possession of an advanced degree relevant to safety engineering.
- Proposed Endeavor of National Importance: Initially proposed working directly as a safety engineer which is crucial for health and safety standards.
Criteria Not Met:
- Consistency and Credibility of Proposed Endeavor: Failed to maintain a consistent description of the proposed endeavor throughout the application process.
- Significant Contribution to the U.S.: Did not adequately demonstrate that the proposed business activities would provide significant contributions or benefits to the U.S. market or society.
Key Points from the Decision
Proposed Endeavor:
- Initially proposed to continue career by working as a Safety Engineer, later shifted to starting a consultancy in business development and marketing strategies.
Substantial Merit and National Importance:
- The initial role had clear merit in terms of enhancing safety protocols. However, the shift to business consulting diluted the focus and did not align with claimed expertise in safety engineering.
Supporting Evidence
No new facts or evidence presented in motions to reopen or reconsider. Relied on previous filings including a business plan which failed to support the changes in the proposed endeavor.
Inconsistencies in Proposed Endeavor
- Initially aimed to fill a vacant safety engineer position, then pivoted to a consultancy venture, and finally to providing marketing strategies, reflecting a lack of clarity and consistency.
Supporting Documentation
Business Plan:
- Reviewed but found lacking as it introduced an entirely different career path post-RFE, which was not aligned with the original petition.
Conclusion
The final determination upheld the denial, emphasizing the petitioner’s failure to maintain a consistent and credible proposed endeavor that aligns with the national interest waiver’s criteria.
Download the Full Petition Review Here
