Date of Decision: January 10, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Development
Petitioner Information
Profession: Business Development Manager
Field: Cybersecurity and Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s proposed endeavor in cybersecurity and information technology was recognized for its potential to contribute to business growth and cybersecurity improvements.
Criteria Not Met:
- Broader Implications: The petitioner did not demonstrate that her proposed work would have substantial regional or national implications beyond benefiting her employer and clients.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to develop and implement innovative sales plans and strategies to increase sales, revenues, and profits for U.S. companies, particularly in the cybersecurity and information technology industries.
Substantial Merit and National Importance:
The petitioner’s work in developing cybersecurity solutions and promoting sales strategies was acknowledged for its merit. However, the broader implications of this work were not sufficiently demonstrated to be of national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not show that waiving the job offer requirement would have substantial positive economic effects or broader implications for the U.S. cybersecurity industry and economy.
Supporting Evidence:
The petitioner provided evidence, including letters and documentation, about her role and contributions in business development and cybersecurity, but failed to connect these to a national level impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s claims about the national impact of her work were not adequately supported by the evidence provided, such as the sales forecasts and economic impact analysis.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Not applicable
Advisory Letter:
The advisory letters supported the merit of the petitioner’s work but did not adequately demonstrate broader national importance.
Any Other Supporting Documentation:
The petitioner submitted various documents on cybersecurity and economic impact, but these did not convincingly establish the proposed endeavor’s national significance.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not sufficiently demonstrate that her proposed work met the national importance criteria required for a National Interest Waiver.
Reasoning: The evidence provided did not adequately show that the petitioner’s business development activities would have substantial national implications or offer significant economic benefits at a national level.
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