Date of Decision: January 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Solar Energy Installations
Petitioner Information
Profession: Solar Energy Installations Manager
Field: Solar Energy Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The Petitioner qualified as a member of the professions holding an advanced degree.
- Well Positioned to Advance the Proposed Endeavor: The Petitioner demonstrated a plan to establish a solar panel installation and service company.
Criteria Not Met:
- Substantial Merit and National Importance: The Petitioner did not sufficiently establish the national importance of his proposed endeavor.
- Beneficial to the United States to Waive Job Offer Requirements: The Petitioner failed to demonstrate that waiving the job offer requirement would be beneficial to the U.S. economy on a broad scale.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to establish a solar panel installation and service company, transmitting industry knowledge to employees and impacting the U.S. solar industry over time.
Substantial Merit and National Importance:
The Petitioner provided a personal statement, resume, business plan, and expert opinion letter. Despite recognizing the substantial merit of the endeavor, the USCIS did not find sufficient evidence that it held national importance. The endeavor’s impact was deemed too localized, without significant broader implications for the national economy or substantial positive economic effects.
Supporting Evidence:
- Business Plan: Outlined the company’s services, projected employment, and revenue growth. However, it did not sufficiently demonstrate national importance or significant economic benefits.
- Expert Opinion Letter: Asserted potential job creation and economic contributions, but lacked corroborative evidence of broader national impact.
Inconsistencies in Proposed Endeavor:
The Petitioner did not provide adequate evidence to support claims of significant national economic benefits or broader societal welfare impacts.
Supporting Documentation
Letters of Intent:
No specific letters of intent were provided in the appeal documentation.
Business Plan:
Outlined projected revenues and staffing but did not convincingly argue for a broader national economic impact.
Advisory Letter:
An expert opinion letter was included, emphasizing the potential for job creation and economic benefits, but it was insufficiently supported by additional evidence.
Any Other Supporting Documentation:
The appeal included a resume and personal statement, reiterating the Petitioner’s qualifications and business intentions.
Conclusion
Final Determination: The appeal was dismissed as the Petitioner did not meet the criteria for national importance under the Dhanasar framework.
Reasoning: The Petitioner did not sufficiently demonstrate the national importance of his proposed endeavor or provide compelling evidence that waiving the job offer requirement would substantially benefit the U.S. economy.
Download the Full Petition Review Here
