Date of Decision: January 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Consulting
Petitioner Information
Profession: Information Technology Consultant
Field: Information Technology Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Qualification as a member of the professions holding an advanced degree.
- Criterion 2: Not specified.
Criteria Not Met:
- Criterion 1: Demonstration that the waiver of the job offer requirement would be in the national interest.
- Criterion 2: Evidence of broad societal impact or significant potential to employ U.S. workers.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed activities related to information technology consulting intended to enhance his company and its clients. However, it was not demonstrated that these activities would broadly impact the field or have significant national importance.
Substantial Merit and National Importance:
The appeal failed to establish that the petitioner’s proposed endeavor would extend significantly beyond his immediate business sphere or that it would provide substantial positive economic benefits on a national scale.
Supporting Evidence:
The petitioner submitted various documents, which he claimed were not properly analyzed. However, the motion did not specifically identify overlooked evidence or explain how its consideration would alter the decision.
Inconsistencies in Proposed Endeavor:
There were no explicit inconsistencies noted in the proposed endeavor, but the lack of clear, substantial impact beyond the petitioner’s own business was a key issue.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: General submissions were mentioned, but specifics were not effectively argued or documented in the motion for reconsideration.
Conclusion
Final Determination: The appeal remains dismissed, and the underlying petition is denied. The petitioner did not successfully argue against the initial findings nor provide new, relevant evidence that could potentially alter the outcome.
Reasoning:
The petitioner’s inability to demonstrate the national importance of his endeavor and the significant potential benefits were pivotal in the decision to dismiss the appeal. The claims of overlooked evidence were not substantiated with specifics that could challenge the original findings.
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