Date of Decision: March 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Systems Engineering
Petitioner Information
Profession: Computer Systems Engineer
Field: Computer Systems Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualifications: Petitioner met the qualifications for an advanced degree professional.
- Substantial Merit: Demonstrated substantial merit in cybersecurity through proposed security protocols and training programs.
Criteria Not Met:
- National Importance: Failed to establish that the proposed endeavor has national importance, as required for a national interest waiver.
Key Points from the Decision
Proposed Endeavor:
Petitioner proposes to enhance cybersecurity protocols and trainings across various enterprises, both small and large.
Substantial Merit and National Importance:
While the petitioner’s endeavor has substantial merit, especially in cybersecurity, the evidence was insufficient to prove its national importance. The Director concluded that the proposed impact did not sufficiently meet the threshold of national importance required for a national interest waiver.
Supporting Evidence:
Petitioner submitted various documents reiterating previous claims about job creation and training in economically depressed areas, which were deemed insufficient by both the Director and on appeal.
Inconsistencies in Proposed Endeavor:
The Petitioner failed to address specific reasons for denial by the Director regarding national importance, instead reiterating previously submitted evidence without additional substantiation.
Supporting Documentation
Letters of Intent:
Not specified beyond general claims of job creation.
Business Plan:
Outlined intentions to foster job creation and provide training but lacked compelling evidence of national importance.
Advisory Letter:
Not detailed in the decision.
Conclusion
The final determination was to deny the appeal, as the petitioner failed to convincingly argue the national importance of the proposed endeavors, which is crucial for the national interest waiver under the EB-2 NIW criteria.
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