Date of Decision: January 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Technology Industry (Specializing in 5G Networks, IoT, and Cybersecurity)
Petitioner Information
Profession: Entrepreneur
Field: Technology Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Engagement in an industry of national importance
Description: The Petitioner’s involvement in the technology industry, especially in areas like 5G, IoT, and cybersecurity, which are of acknowledged importance.
Criteria Not Met:
Criterion 1: Insufficient evidence of national importance
Description: The evidence provided did not sufficiently demonstrate that the Petitioner’s specific endeavor would have a significant impact on national interests.
Criterion 2: Lack of a detailed business plan
Description: The absence of a detailed business plan made it difficult to assess the potential impact and viability of the proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to assist thousands of companies and individuals through advancements in technology sectors critical to national interests.
Substantial Merit and National Importance:
The decision noted the importance of the technology sector but emphasized that the Petitioner failed to link his specific endeavor to measurable impacts on national scales.
Supporting Evidence:
While the Petitioner presented testimonies and reports on the significance of the industry, the evidence was deemed insufficient to substantiate the national importance of his personal endeavor.
Inconsistencies in Proposed Endeavor:
The lack of detailed operational and impact plans raised concerns about the feasibility and actual impact of the proposed activities.
Supporting Documentation
No specific business plan or detailed job offers were presented, which contributed to the denial of the petition.
Conclusion
Final Determination: The appeal was dismissed as the Petitioner failed to meet the criteria necessary for a National Interest Waiver under the Dhanasar framework, primarily due to insufficient evidence of the proposed endeavor’s national importance and the lack of a detailed business plan.
Reasoning:
The decision emphasized the need for concrete evidence linking the proposed activities directly to national benefits, which was lacking in this case.
