Date of Decision: November 04, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Application Manager
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner has a U.S. master’s degree.
- Exceptional Ability: The petitioner demonstrated technical acumen and IT skills.
Criteria Not Met:
- National Importance: The proposed endeavor’s national impact was not established.
- Economic Impact: Insufficient evidence of a substantial positive economic effect or job creation.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue working as an application manager to boost productivity and capital through technological adaptation.
Substantial Merit and National Importance:
While the IT field is recognized as important, the petitioner did not demonstrate how his specific endeavor would have a national impact beyond his employers.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to provide sufficient evidence to support claims of substantial economic impact or significant job creation.
Supporting Evidence:
The petitioner provided articles and reports on the IT worker shortage and cybersecurity needs, as well as letters of recommendation highlighting his technical skills and achievements.
Inconsistencies in Proposed Endeavor:
The evidence did not convincingly connect the petitioner’s proposed endeavor to a broader national impact.
Supporting Documentation
Letters of Intent:
The letters praised the petitioner’s technical skills but did not establish the national importance of his proposed work.
Business Plan:
Not applicable.
Advisory Letter:
Included letters that supported the petitioner’s technical skills but lacked evidence of national impact.
Conclusion
Final Determination: The appeal was denied.
Reasoning: The petitioner did not demonstrate that his proposed endeavor had national importance or would significantly impact the U.S. economy or job market.
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