Date of Decision: January 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Information Technology Specialist
Field: Automation, Cloud Computing, and Software Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualifies for EB-2 Classification: The petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Interest Waiver: The petitioner has not established that a waiver of the job offer is warranted or that the proposed endeavor is of national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to use his expertise in automation, cloud computing, and software development to assist U.S. small businesses, particularly focusing on the Hispanic community, by providing low-cost access to cloud services.
Substantial Merit and National Importance:
While the proposed endeavor has substantial merit, the petitioner failed to demonstrate its national importance. The decision noted that the endeavor lacks significant potential to employ U.S. workers or show substantial positive economic effects.
Supporting Evidence:
The petitioner submitted various documents, including a personal statement and a proposed endeavor statement. However, these were criticized for having fuzzy signatures and numerous spelling errors, which cast doubt on their reliability.
Inconsistencies in Proposed Endeavor:
There were inconsistencies between the original filing and subsequent documentation, which led to questions about the genuineness of the petitioner’s documents and intentions.
Supporting Documentation
Letters of Intent:
Not adequately detailed in terms of how they support the national importance of the endeavor.
Business Plan:
Lacking specifics on how it would impact national interests or contribute significantly to the U.S. economy.
Advisory Letter:
No significant details provided that would strengthen the case for a national interest waiver.
Conclusion
Final Determination:
The petitioner did not meet the first prong of the Dhanasar analytical framework, failing to establish that the proposed endeavor has national importance. Therefore, the national interest waiver was not granted.
Reasoning:
The lack of detailed and reliable supporting documentation, combined with an insufficient demonstration of the endeavor’s national importance, led to the denial of the appeal.
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