Date of Decision: April 23, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Management
Petitioner Information
Profession: Information Technology Manager
Field: Information Technology Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Equivalent: The Petitioner provided evidence of a foreign Bachelor of Science degree in Physics and Astronomy, along with a credible evaluation indicating it is equivalent to a U.S. Bachelor of Science degree.
Professional Experience: A detailed letter from the Petitioner’s employer documented over five years of progressive post-baccalaureate experience in information technology management, meeting the requirements for the advanced degree classification.
Criteria Not Met:
National Interest Waiver Analysis: The Director did not analyze or make a finding regarding the national interest waiver under the Dhanasar framework, which includes the substantial merit and national importance of the endeavor, the Petitioner’s positioning to advance the endeavor, and the overall benefit to the United States of waiving the job offer requirement.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an information technology manager, proposes to continue working in the field of IT management, leveraging his extensive experience and education to contribute to technological advancements and efficiencies within his industry.
Substantial Merit and National Importance:
The decision document did not address the substantial merit and national importance of the Petitioner’s proposed endeavor. This analysis is essential to determine whether the Petitioner’s work significantly impacts the national interest.
Supporting Evidence:
Educational Credentials: Official academic record and an academic credentials evaluation.
Professional Experience: A letter from the Petitioner’s employer detailing his job roles and responsibilities from 2007 to the present, demonstrating progressive experience in IT management.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor itself. The primary issue was the lack of analysis regarding the national interest waiver criteria.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
Employer’s Letter: Provided comprehensive details on the Petitioner’s work history and responsibilities, supporting the claim of progressive experience in IT management.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the case was remanded for further review.
Reasoning:
The Petitioner met the requirements for classification as a member of the professions holding an advanced degree, but the Director did not address the national interest waiver criteria as outlined in the Dhanasar framework. The case is remanded to apply this analytical framework and make a determination on whether waiving the job offer requirement is in the national interest. The Petitioner must establish the substantial merit and national importance of his proposed endeavor, demonstrate that he is well-positioned to advance the endeavor, and show that waiving the job offer requirement benefits the United States.
