Date of Decision: APR. 04, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Distance Education and Information Technology
Petitioner Information
Profession: Entrepreneur
Field: Distance Education and Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Official Academic Record: The Petitioner provided an official academic record showing a degree in technology and digital media.
Criteria Not Met:
Full-time Experience: The Petitioner failed to provide adequate letters from current or former employers demonstrating at least ten years of full-time experience.
Recognition for Achievements: Letters of endorsement lacked sufficient corroboration to demonstrate significant contributions to the field.
Key Points from the Decision
Proposed Endeavor
The Petitioner proposed to continue his work in distance education and information technology, focusing on creating educational platforms and training programs that aim to improve technological skills and employment opportunities in the field.
Substantial Merit and National Importance:
The Petitioner’s work in distance education and information technology was acknowledged for its potential merit and national importance. However, the evidence provided did not convincingly establish these points to the required standard.
Supporting Evidence:
The Petitioner submitted various supporting documents, including academic records, letters of intent, and business plans. However, inconsistencies and a lack of corroboration diminished the strength of these documents.
Inconsistencies in Proposed Endeavor
The decision highlighted inconsistencies in the Petitioner’s proposed endeavor, particularly regarding the specifics of his contributions and the impact on the field.
Supporting Documentation
Letters of Intent: Included but lacked sufficient detail and corroboration.
Business Plan: Provided, but inconsistencies and lack of detailed impact analysis were noted.
Advisory Letter: Submitted, but did not sufficiently support claims of exceptional ability and impact.
Conclusion
Final Determination: The case was remanded for further review and a new decision by the Director.
Reasoning:
The Petitioner did not adequately demonstrate eligibility for the EB-2 NIW classification. The Director’s decision was withdrawn, and the case was remanded for further analysis of the Petitioner’s qualifications, particularly focusing on establishing eligibility for the underlying EB-2 classification and reassessing the national interest waiver criteria.
