Date of Decision: December 4, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Seismic Imaging
Petitioner Information
Profession: Senior Seismic Imager
Field: Geophysics and Seismic Imaging
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Educational Requirement: The Beneficiary holds a U.S. master’s degree or foreign equivalent in geophysics, physics, mathematics, electrical or mechanical engineering, or a related engineering discipline.
Experience Requirement: The Beneficiary demonstrated over one year of qualifying experience in seismic imaging, utilizing mathematical or simulation models, and familiarity with the UNIX platform.
Criteria Not Met:
None. The Petitioner met all the criteria required for the EB-2 NIW classification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a senior seismic imager. The role involves using mathematical and simulation models to perform seismic imaging, with a focus on improving techniques and methodologies within the field.
Substantial Merit and National Importance:
The decision highlighted the significance of the Beneficiary’s work in seismic imaging, which is crucial for advancements in geophysics and related fields. The Beneficiary’s expertise contributes to better understanding and exploration of geological formations, which has broader implications for natural resource management and environmental conservation.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, educational credentials, and letters of experience.
Further Submission on Appeal: Provided additional detailed descriptions of the Beneficiary’s job duties, projects, and contributions to the field, along with support letters from colleagues and experts.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor. The Petitioner provided comprehensive evidence of the Beneficiary’s qualifications, experience, and the importance of his work.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Letters from colleagues and industry experts confirming the significance of the Beneficiary’s work in seismic imaging.
Any other supporting documentation:
Experience Letters: Detailed the Beneficiary’s job duties and experience in seismic imaging, including specific projects and technologies used.
Educational Credentials: Included copies of the Beneficiary’s degree and transcripts, along with an evaluation confirming the equivalence to a U.S. master’s degree.
Conclusion
Final Determination: The appeal is sustained.
Reasoning:
The Petitioner successfully demonstrated that the Beneficiary met the educational and experience requirements as of the priority date. The comprehensive documentation provided confirmed the Beneficiary’s qualifications and the significance of his work in seismic imaging. The appeal was sustained, recognizing the Beneficiary’s contributions to the field and his eligibility for the EB-2 NIW classification. The Petitioner met the burden of proof to establish eligibility for the requested benefit.
