Date of Decision: November 2, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Database Engineering
Petitioner Information
Profession: Database Engineer
Field: Database Engineering
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner holds a Master of Business Administration degree from [University], demonstrating the necessary advanced degree for EB-2 classification.
Criteria Not Met:
- National Importance: The Petitioner’s work as a freelance database engineer and his proposed online school did not demonstrate substantial merit and national importance as required for a national interest waiver.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposes to work as a freelance database engineer and to establish an online school offering courses in database administration and business intelligence.
Substantial Merit and National Importance:
While the Petitioner’s expertise and the proposed school’s focus on IT skills are valuable, the evidence provided did not demonstrate the national impact or significance required. The work as a freelance engineer was found to benefit primarily the Petitioner and his clients without broader national implications.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not demonstrate sufficient progress towards his proposed endeavor or provide evidence of its national significance. The potential benefits to the U.S. were not compelling enough to justify waiving the labor certification requirements.
Supporting Evidence:
The Petitioner included articles and technical papers on the importance of IT workers, letters from former business partners, and a business plan for the online school. However, these did not substantiate the national importance or sufficient progress towards achieving the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The Petitioner’s freelance work agreement restricted the employment of subcontractors, limiting the potential impact of his work on the U.S. economy. The online school’s benefits were primarily local to its students, not national.
Supporting Documentation
Business Plan:
The business plan provided projections for revenue and employment, but it was created in response to the Director’s RFE and did not show sufficient progress or investor interest.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not demonstrate that the proposed endeavor had national importance or that he was well positioned to advance it.
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