Date of Decision: March 7, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Consultant
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- EB-2 classification as an advanced degree professional: The petitioner was recognized as meeting the criteria for an advanced degree professional.
- Substantial merit of proposed endeavor: The Director affirmed that the proposed endeavor of the petitioner is of substantial merit within the field of information technology.
Criteria Not Met:
- National importance of proposed endeavor: The appeal was dismissed as it failed to demonstrate the national importance of the proposed endeavor or its significant potential to employ U.S. workers.
- Petitioner’s positioning to advance the endeavor: Evidence was insufficient to prove that the petitioner is well-positioned to advance the proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to generate eight jobs in the U.S. through a business initiative within the information technology sector.
Substantial Merit and National Importance:
The decision affirmed the substantial merit of the endeavor but noted a lack of evidence for its national importance and the potential to significantly employ U.S. workers.
Supporting Evidence
The petitioner relied on industry articles and personal work experience to argue the case. The appeal included a business plan specifying job creation but failed to convincingly establish the national importance or potential job impact on a significant scale.
Inconsistencies in Proposed Endeavor
The appeal failed to address key discrepancies noted by the Director, particularly in proving the national significance and the practical impact of the proposed endeavor within the broader scope of U.S. national interests.
Supporting Documentation
Business Plan:
Outlined job creation but did not sufficiently prove significant employment potential.
Conclusion
Final Determination: The appeal was dismissed based on the failure to demonstrate national importance and the petitioner’s capacity to significantly influence the U.S. workforce.
Reasoning:
The decision focused on the lack of substantial national impact and the petitioner’s insufficient positioning to fulfill the proposed business goals.
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