Date of Decision: April 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Engineering and Processes
Petitioner Information
Profession: Senior Technical Manager
Field: Engineering and Process Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as a professional holding an advanced degree: Confirmed qualification for EB-2 classification.
Criteria Not Met:
- National Interest Waiver: Failed to demonstrate that the waiver of the job offer is in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to provide consulting services to the U.S. mining industry, specifically targeting companies in Arizona, Nevada, Colorado, South Carolina, and Alaska.
Substantial Merit and National Importance:
While the proposed endeavor is acknowledged as having substantial merit, it lacks sufficient demonstration of national importance. The endeavor’s impact appears limited to the petitioner’s own company and its immediate clients.
Supporting Evidence
The record includes a business plan and letters of recommendation. The business plan outlines the petitioner’s company structure and hiring plans but fails to establish the broader national importance of the endeavor.
Inconsistencies in Proposed Endeavor
The business plan omits New Mexico as a target location despite the petitioner’s statement of active recruitment there. The employment plans are also unclear, with no specific details on the job creation beyond the immediate hiring.
Supporting Documentation
Business Plan:
Outlines the hiring of three engineers over three years and the company’s technological advisory role but lacks details on the broader economic or national impact.
Conclusion
The appeal was denied. The petitioner did not convincingly demonstrate that the proposed endeavor has national importance or that waiving the job offer requirement would benefit the United States nationally.
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