Date of Decision: June 9, 2021
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: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner demonstrated qualification as an advanced degree professional by providing evidence of a degree in structural engineering.
Criteria Not Met:
- Substantial Merit and National Importance: The Director did not provide sufficient analysis to determine if the petitioner’s proposed endeavor had substantial merit and national importance. The documentation did not clearly demonstrate the broader impact of his work on the U.S. economy or national security.
- Well-Positioned to Advance the Proposed Endeavor: The Director did not provide adequate evidence or analysis to show whether the petitioner was well-positioned to advance his proposed endeavor. The submitted documents did not convincingly demonstrate his capacity to significantly influence or advance the field of structural engineering.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a structural engineer, focusing on the development and implementation of advanced structural designs and technologies to enhance building safety and efficiency.
Substantial Merit and National Importance:
The petitioner’s endeavor was recognized for its potential merit due to its focus on improving building safety and structural efficiency. However, the Director did not conduct a thorough analysis to determine if the work had broader implications that would significantly impact the U.S. economy or national security.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Director did not provide sufficient analysis or evidence to support the claim that the petitioner’s contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted his curriculum vitae, academic credentials, letters of support, and documentation of his professional achievements. These documents demonstrated his involvement in the field of structural engineering. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. economy or create significant job opportunities.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Not applicable.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
The appeal was remanded. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The Director’s decision was insufficient for review, and further proceedings are required to make a final determination.
Download the Full Petition Review Here
