Date of Decision: September 15, 2021
Service Center: Texas 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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that the proposed research in structural engineering has substantial merit. However, the evidence was inconsistent regarding its national importance.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. Although he submitted documentation of his academic credentials, employment as an assistant professor, and work as a consulting engineer, these did not convincingly demonstrate his capacity to influence or advance the field of structural engineering significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to conduct research in the field of structural engineering and work as an assistant professor. His goal was to contribute to the field through research and teaching.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was initially acknowledged for its substantial merit but found lacking in consistent evidence of national importance. The Director noted that the petitioner’s research in structural engineering, while valuable, did not clearly demonstrate an urgent national interest.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the United States by enhancing the body of knowledge in structural engineering. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, employment records, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact his field. The letters from colleagues and professionals praised his work but did not provide concrete examples of his research being implemented or having a substantial influence.
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 in the field of structural engineering.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
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
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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