Date of Decision: May 30, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information and Communications Technologies
Petitioner Information
Profession: Integration Engineer
Field: Information and Communications Technologies
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Requirement: The beneficiary was considered to hold an advanced degree suitable for the second preference immigrant visa category, evidenced by the approval of a subsequent petition under the correct category.
Criteria Not Met:
Correct Visa Category: Initially, the incorrect visa category was selected, leading to the initial denial of the petition.
Key Points from the Decision
Proposed Endeavor:
The beneficiary was proposed to be employed permanently as an integration engineer within the field of information and communications technologies, a position requiring specialized knowledge and advanced degree qualifications.
Substantial Merit and National Importance:
Given the field’s relevance and the advanced nature of the role, substantial merit is implicit; however, national importance was not explicitly discussed due to the procedural nature of the appeal’s dismissal.
Supporting Evidence
The petitioner initially failed to demonstrate the beneficiary’s qualifications for the requested visa category correctly due to an administrative error in selecting the visa category. This was later rectified with the approval of a correct subsequent petition.
Inconsistencies in Proposed Endeavor
The main inconsistency was the initial misclassification in the visa category, which was identified and corrected in a subsequent petition, rendering the appeal moot.
Supporting Documentation
Visa Application Documents:
Initially incorrect but later corrected in a subsequent application that was approved, sharing the same priority date.
Conclusion
The appeal was dismissed as moot due to the approval of a subsequent petition under the correct immigrant visa category, resolving the initial administrative error. This outcome underscores the importance of accurate category selection in visa applications.
