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: Toner Cartridge Remanufacturing
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:
- Substantial Intrinsic Merit: The petitioner established that the beneficiary’s work in toner cartridge remanufacturing is of substantial intrinsic merit due to its significant environmental impact by reducing waste disposal into landfills.
- National Scope: The beneficiary’s contributions were recognized as having benefits that extend beyond local interests to a national level.
Criteria Not Met:
- Greater Degree than U.S. Workers: Initially, the petitioner did not sufficiently demonstrate that the beneficiary’s contributions are significantly greater than those of available U.S. workers with similar qualifications.
- Prospective National Benefit: The petitioner initially failed to show concrete evidence of the beneficiary’s future contributions to the national interest beyond speculative assertions.
Key Points from the Decision
Proposed Endeavor:
The beneficiary’s proposed endeavor involves leading the research and development in toner cartridge remanufacturing, focusing on reducing environmental waste by reusing up to 80% of original printer cartridge components. The petitioner demonstrated that the beneficiary’s innovations would continue to have substantial benefits for the U.S. economy and environment.
Substantial Merit and National Importance:
The findings confirmed the substantial merit and national importance of the beneficiary’s work in the green technology field. The petitioner’s business has significantly reduced waste disposal through innovative remanufacturing processes. Key Quote: “The beneficiary’s patented work has already enabled the petitioner to eliminate over 1.2 million cartridges from landfills each year.”
Supporting Evidence:
The petitioner provided various supporting documents, including patents, industry publication articles, letters from business partners, and expert opinions, to substantiate the claim of the beneficiary’s significant contributions.
Key Quote: “The beneficiary’s innovations have earned numerous awards and recognition for the petitioning company, reflecting his exceptional ability and impact in the field.”
Inconsistencies in Proposed Endeavor:
No substantial inconsistencies were noted in the proposed endeavor. The initial denial primarily focused on insufficient evidence of the beneficiary’s impact compared to available U.S. workers.
Supporting Documentation
Letters of Intent:
Summary: Business partners and industry experts acknowledged the beneficiary’s expertise and the importance of his work in toner cartridge remanufacturing.
Key Points: The letters highlighted the widespread adoption and significant impact of the beneficiary’s patented innovations.
Business Plan:
Summary: Not explicitly mentioned in the decision.
Key Points: Not applicable.
Advisory Letter:
Summary: Expert letters from industry professionals attested to the beneficiary’s exceptional ability and the national importance of his work.
Key Points: Key Quote: “The beneficiary is among the very few worldwide professionals leading in the critical area of waste management.”
Any Other Supporting Documentation:
Summary: Patents, trade publication articles, and additional expert letters were submitted as evidence.
Key Points: The evidence collectively demonstrated the beneficiary’s significant past achievements and projected future benefits to the national interest.
Conclusion
Final Determination: The appeal is sustained, and the petition is approved.
Reasoning: The evidence provided justified the projection that the beneficiary would serve the national interest to a significantly greater degree than an available U.S. worker with the same qualifications. The benefits of retaining the beneficiary’s services outweighed the national interest inherent in the labor certification process.
