Date of Decision: February 28, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology and Entrepreneurship
Petitioner Information
Profession: Information Technology Specialist
Field: Information Technology and Entrepreneurship
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: Demonstrated through the petitioner’s proposed software solution aimed at improving business efficiency and transparency.
- Well-Positioned to Advance Endeavor: Highlighted by 15 years of experience in IT and business, supporting her ability to successfully lead her company.
Criteria Not Met:
- National Importance: Failed to demonstrate how the proposed endeavor would significantly impact the U.S. economy or have broader implications beyond her prospective clients.
Key Points from the Decision
Proposed Endeavor:
The petitioner planned to serve as CEO of her business, focusing on software that improves administrative and logistical operations for U.S. companies, thereby facilitating interstate commerce and strengthening the national economy.
Substantial Merit and National Importance:
While the proposed software company was recognized for its substantial merit in the business and technology sectors, it did not fulfill the national importance criterion, as it failed to show potential for broader economic impact or significant employment generation in the U.S.
Supporting Evidence:
The petitioner provided details about her company’s mission and operations. However, evidence was lacking to demonstrate a significant effect on the national level, focusing instead on prospective client benefits.
Inconsistencies in Proposed Endeavor:
The petitioner’s claims regarding national security and critical infrastructure alignment were not substantiated with adequate evidence to demonstrate a significant impact on a national scale.
Supporting Documentation
Business Plan:
Outlined projected revenue growth and job creation but failed to convincingly demonstrate substantial positive economic effects on a national level.
Advisory Letter:
Provided an expert opinion on the potential benefits of the software but lacked an explanation of its broader implications for the national economy.
Conclusion
The appeal was denied. The petitioner did not adequately demonstrate the national importance of her endeavor, failing to connect her business’s potential benefits to a broader economic impact in the United States.
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