EB-2 NIW USCIS Appeal Review – Chief Executive – Information Technology Consulting NOV192021_01B5203

Date of Decision: November 19, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology (IT) Consulting

Petitioner Information

Profession: Chief Executive
Field: Information Technology Consulting
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 his proposed endeavor had substantial merit in the fields of IT consulting and business administration. His work aimed to enhance the business capabilities of U.S. companies on a global scale.

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. The evidence did not convincingly demonstrate his capacity to significantly influence the IT consulting industry.
  • 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 did not sufficiently demonstrate the national interest in his contributions.

Key Points from the Decision

Proposed Endeavor:
The petitioner proposed to advance his career as a chief executive in the IT consulting industry, aiming to enhance business strategies and practices for U.S. companies and develop international business activities.

Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential to improve business strategies and practices in the IT consulting industry. However, the national importance of the endeavor was not sufficiently established.

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 U.S. economy by enhancing business productivity and efficiency. 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, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact the IT consulting industry. The letters from colleagues and professionals praised his work but did not provide concrete examples of his significant influence or impact.

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 IT consulting.

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.

Download the Full Petition Review Here


Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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