Date of Decision: August 30, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Systems Management
Petitioner Information
Profession: Information Systems Manager
Field: Information Technology, Business Intelligence, Cybersecurity, IT Strategy
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor had substantial merit. Her work in information technology, business intelligence, and cybersecurity was recognized as beneficial to the field.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Although she presented documentation of her professional experience and industry reports, these did not convincingly demonstrate her capacity to significantly influence the field of information systems management.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in her contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work in information systems management, providing IT solutions and consulting services to U.S. companies. She planned to use her expertise in business intelligence, cybersecurity, and IT strategy to improve business processes and security systems for her clients.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was acknowledged for its substantial merit due to its potential to address significant issues in IT and business intelligence. However, the documentation did not show that her work had broader implications beyond individual clients or companies.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would contribute to the U.S. by enhancing IT systems and security. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her professional plan, industry reports, and personal statements. Despite these submissions, the evidence did not adequately demonstrate her ability to significantly impact the field. The documentation highlighted her experience and potential but lacked concrete examples of her work’s national or global impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized in the field of information systems management.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included professional statements and industry reports, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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