Date of Decision: May 7, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Exceptional Ability in the Sciences
Petitioner Information
Profession: Senior Research and Development Technician
Field: Toner Cartridge Remanufacturing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Exceptional Ability in the Sciences:
The petitioner established that the beneficiary’s occupation has substantial intrinsic merit and produces benefits that are national in scope. The beneficiary’s contributions in toner cartridge remanufacturing have significantly reduced environmental waste.
Criteria Not Met:
None explicitly mentioned in the decision.
Key Points from the Decision
Proposed Endeavor:
The beneficiary proposed to continue his innovative work in the toner cartridge remanufacturing industry, aiming to reduce waste and improve the efficiency of cartridge reuse.
Substantial Merit and National Importance:
The decision highlighted the beneficiary’s substantial contributions to environmental preservation and waste management, aligning with U.S. national interest priorities. His work has led to significant reductions in landfill waste through patented innovations in cartridge remanufacturing.
Supporting Evidence
Letters of Intent:
Several letters from industry experts and business partners attested to the importance of the beneficiary’s work and its impact on the field.
Business Plan:
The decision referenced the company’s business plan, which relies heavily on the beneficiary’s innovations to remain competitive and environmentally friendly.
Advisory Letters:
Multiple letters from experts in the field supported the beneficiary’s significant contributions and the national importance of his work.
Other Supporting Documentation:
The petitioner provided patent documentation, trade publications, and detailed statements from company executives to illustrate the beneficiary’s impact on the industry and the environment.
Conclusion
Final Determination: The appeal is sustained, and the petition is approved.
Reasoning: The evidence presented justified the beneficiary’s substantial past achievements and projected future contributions, demonstrating that his work serves the national interest significantly more than an available U.S. worker with the same qualifications.
