Date of Decision: October 30, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Science Research
Petitioner Information
Profession: Computer Science Researcher
Field: Computer Science and Engineering
Nationality: Taiwan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Intrinsic Merit: The petitioner’s work in computer science, particularly in polynomial arithmetic over finite fields, has significant applications in error code and cryptography.
- Greater Degree of Benefit: The petitioner’s research has had a notable influence in the field, evidenced by extensive citations and support letters from peers.
Criteria Not Met:
- National Scope: Initially, the petitioner’s proposed benefits were deemed not national in scope due to a lack of concrete plans or pre-arranged activities.
- Prospective National Benefit: The initial decision required evidence of specific plans or contracts with U.S. employers, which was not provided.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to advance research in polynomial arithmetic over finite fields, with significant applications in error code and cryptography. This work is intended to enhance data transmission reliability and develop new cryptographic algorithms.
Substantial Merit and National Importance:
The petitioner’s research in cryptography and data transmission holds substantial merit due to its potential to impact civilian, military, and corporate data protection methods. The national importance is underscored by the economic and technological benefits to the U.S. information technology and telecommunications industries.
Supporting Evidence:
- Letters of Support: The petitioner submitted letters from respected professionals in the field, validating the importance and influence of his research.
- Published Articles: The petitioner has authored 18 journal articles, with significant independent citations, showcasing the recognition and impact of his work.
Inconsistencies in Proposed Endeavor:
Initially, the lack of concrete plans or pre-arranged activities led to a denial. However, on appeal, it was clarified that the petitioner’s research itself provided sufficient prospective national benefit without needing specific job offers or contracts.
Supporting Documentation
Letters of Intent:
- Summary and Key Points: Support letters highlighted the petitioner’s cutting-edge research and its relevance to the national interest.
Business Plan:
- Summary and Key Points: Not applicable.
Advisory Letter:
- Summary and Key Points: Advisory letters corroborated the substantial impact and national importance of the petitioner’s research.
Other Supporting Documentation:
- Summary and Key Points: The research plan submitted by the petitioner detailed future projects and their potential national benefits.
Conclusion
Final Determination: The appeal is sustained, and the petition is approved.
Reasoning: The petitioner demonstrated that his research provides substantial national benefits, outweighing the need for labor certification and job offer requirements. The petitioner’s track record and proposed future research meet the criteria for an EB-2 NIW.
