EB-2 NIW USCIS Appeal Review – Computer Software Engineer – APR112024_03B5203

Date of Decision: April 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Software Engineering

Petitioner Information

Profession: Computer Software Engineer
Field: Software Development
Nationality: [Not Specified]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  • Advanced Degree: Petitioner holds an advanced degree qualifying him for the EB-2 category.
  • Skills in Software Development: Demonstrated skills in software development and engineering.

Criteria Not Met:

  • National Importance: The endeavor did not demonstrate national importance as required under Dhanasar’s framework.
  • Employment Impact: Failed to show substantial potential to employ U.S. workers or other significant economic effects.

Key Points from the Decision

Proposed Endeavor:
The petitioner planned to continue his activities as a software developer across various projects, assuming both technical and managerial roles.

Substantial Merit and National Importance:
While the petitioner’s skills and qualifications were acknowledged, the appeal failed to establish that his work as a software developer would have significant national importance or contribute substantially to the U.S. market.

Supporting Evidence

The petitioner changed his initial job search approach to founding a Wyoming-based company marketing products in the SaaS model, which was deemed an ineligible alteration post-petition filing.

Inconsistencies in Proposed Endeavor

The petitioner’s shift from seeking employment to establishing a startup was a significant change that was not part of the original petition, impacting the credibility and eligibility of the application.

Supporting Documentation

Letters of Intent:
None provided that conclusively supported the national importance or economic impact of the endeavor.

Business Plan:
Outlined the creation of a startup, which was not considered in the original petition.

Advisory Letter:
Contained opinions on national importance but was insufficient to sway the decision due to the late presentation of new facts.

Conclusion

The appeal was denied. The petitioner did not convincingly demonstrate how his software engineering roles would significantly benefit the national interest or lead to notable economic advantages for the U.S., nor did the post-filing changes align with USCIS regulations.

Download the Full Petition Review Here


Igbo Clifford
Igbo Clifford

python • technical writing • filmmaking

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