Date of Decision: April 3, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Structural Engineering
Petitioner Information
Profession: Structural Engineer
Field: Structural Engineering
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Education: The petitioner established that the beneficiary possessed all the necessary education, training, and experience specified on the ETA Form 9089 as of the priority date.
- Professional Classification: The beneficiary met the criteria for classification as an advanced degree professional pursuant to section 203(b)(2) of the Act.
Criteria Not Met:
- Labor Certification Issues: Initially, there were concerns regarding whether the ETA Form 9089 supported the request for classification as an advanced degree professional.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to permanently employ the beneficiary as a structural engineer, contributing to the field of structural engineering in the United States.
Substantial Merit and National Importance:
The appeal noted the substantial merit and national importance of the beneficiary’s proposed endeavor in the structural engineering field, highlighting the significance of their contributions and expertise.
Supporting Evidence:
The petitioner provided comprehensive documentation, including evidence of the beneficiary’s education, training, and professional experience, which substantiated their qualifications as of the priority date.
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
Summaries and key points from letters of intent were provided, detailing the beneficiary’s proposed contributions to the field of structural engineering.
Business Plan:
Not applicable.
Advisory Letter:
An advisory letter was included, supporting the beneficiary’s qualifications and the importance of their proposed work.
Any Other Supporting Documentation:
Additional supporting documents, such as academic credentials and professional experience records, were also provided.
Conclusion
The appeal was approved. The petitioner successfully demonstrated that the beneficiary met all the necessary criteria for the EB-2 NIW classification as an advanced degree professional. The evidence provided was deemed sufficient to sustain the appeal and approve the petition.
