Date of Decision: March 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: STEM Education and Technology
Petitioner Information
Profession: Educational and Technology Platform Developer
Field: STEM Education and Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner demonstrated the substantial merit of his proposed endeavor to improve STEM education in the U.S. through an educational and technology platform.
Criteria Not Met:
- National Importance: The Petitioner failed to show how the proposed endeavor would have a significant impact beyond the local level in Massachusetts to rise to the level of national importance.
- Economic Impact: There was insufficient evidence to demonstrate significant potential to employ U.S. workers or offer substantial positive economic effects on a national level.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to create an educational and technology platform to enhance STEM education in the U.S., integrating Learning Management System (LMS) technology to connect various stakeholders in the education system seamlessly.
Substantial Merit and National Importance:
While the endeavor’s substantial merit was acknowledged, the Petitioner did not sufficiently demonstrate its national importance. The potential impact was primarily localized, with no significant evidence of broader national influence.
Supporting Evidence:
- Business Plan: Included a detailed plan for establishing and running an educational entity in Massachusetts.
- National Interest Statement: Highlighted the potential of STEM education to close demographic gaps and drive economic growth, but lacked specific evidence of national-level impact.
Inconsistencies in Proposed Endeavor:
The initial proposal focused on creating an educational platform, but the Petitioner later emphasized owning and operating an educational entity, which was a materially changed endeavor not considered in the original filing.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan detailed the operational aspects of the proposed educational entity but did not provide sufficient evidence of national-level impact.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Not applicable.
Conclusion
The appeal was denied. The Petitioner did not establish the national importance of the proposed endeavor, nor did he demonstrate substantial positive economic effects on a national level.
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