Date of Decision: August 6, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information and Communications Technology (ICT) Consulting and Academia
Petitioner Information
Profession: ICT Consultant and Professor
Field: Information and Communications Technology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The petitioner qualifies as a member of the professions holding an advanced degree, with a master’s degree in communications management.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to demonstrate that the proposed endeavor is of national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner, an ICT consultant and professor, proposed to advance wireless device regulation compliance through teaching, publications, consulting, and expanding a regulatory compliance business. His work involves starting a wireless product and information technology equipment (ITE) testing laboratory and obtaining the necessary federal government accreditation and licenses. Additionally, he plans to engage in STEM-based community training for underserved youngsters and young technology and engineering professionals.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor in ICT consulting and academia has substantial merit, the Director concluded that the petitioner did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. economy, the ICT field, or the education sector at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would enhance U.S. competitiveness, create jobs, and boost economic growth. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable economic benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including academic records, letters of support, and a five-year plan detailing his proposed endeavor. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance. Additionally, there were discrepancies in the petitioner’s documentation of his experience, his proposed future endeavors, and how he would allocate his time among his various roles.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but contained overly optimistic projections without sufficient basis.
Advisory Letter:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Any Other Supporting Documentation:
The petitioner provided letters from clients and an expert opinion letter, but these did not adequately demonstrate recognition for significant contributions to the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating exceptional ability or the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have a limited impact beyond his direct business activities.
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