Date of Decision: January 29, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Science
Petitioner Information
Profession: Research Assistant
Field: Computer Science, with a focus on Data Science and Machine Learning
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The endeavor involves applying data science and machine learning which is considered to have substantial merit in fields like science and technology.
Criteria Not Met:
- National Importance: The appeal failed to establish that the petitioner’s endeavor would have a national importance. The documentation provided did not sufficiently demonstrate that the work would have a significant impact beyond its immediate sphere, such as in generating significant job creation or economic benefits at a national level.
Key Points from the Decision
Proposed Endeavor:
- The petitioner proposed to work as a computer science research assistant, potentially serving any U.S. employer in need of their specialized skills in data science and machine learning.
Substantial Merit and National Importance:
- While the petitioner’s field of work is of substantial merit, the documentation failed to convincingly argue for the national importance of the endeavor. It was viewed primarily as facilitating a job search rather than presenting a clear, impactful national interest.
Supporting Evidence:
- Evidence included letters of recommendation, employment verification, academic publications, and educational documents. However, these were insufficient to support claims of national importance.
Inconsistencies in Proposed Endeavor:
- The endeavor was critiqued for being too broad and lacking specific, actionable plans that would align with national interests, appearing more as a general job search.
Supporting Documentation
Letters of Intent:
- Not applicable as the focus was on general employment rather than specific projects or contracts.
Business Plan:
- No specific business plan was provided, as the endeavor was not oriented towards a particular enterprise but rather employment at large.
Advisory Letter:
- Recommendations and verification letters provided did not substantiate claims of national importance sufficiently.
Conclusion
Final Determination: The appeal was denied as the petitioner could not demonstrate that their work met the criterion of national importance required for a national interest waiver. The evidence provided was not compelling enough to demonstrate that the national benefits were substantial or urgent.
Reasoning:
- The key reason for the decision was the lack of evidence that the petitioner’s proposed activities would have significant national impact, particularly in economically meaningful ways.
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