Date of Decision: January 8, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT Management
Petitioner Information
Profession: IT Manager
Field: Information Technology and Cybersecurity
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that the proposed endeavor has substantial merit through submitted published articles and industry reports highlighting the shortage of workers and projected job growth in the field of Information Technology.
- Relevant Expertise: The petitioner’s qualifications, including a detailed business plan and professional experience, were acknowledged as well-positioned to advance the proposed endeavor.
Criteria Not Met:
- National Importance: The petitioner failed to provide specific projects and activities detailing how the proposed endeavor will produce broad results, thus failing to demonstrate national importance.
- Economic Impact: The business plan did not demonstrate substantial positive economic effects at a national level, such as significant job creation or substantial economic benefits.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to establish an IT and cybersecurity consulting firm to provide professional IT services to private and public companies in the United States. The business plan includes expanding services to various entities, contributing to job creation, and enhancing the cybersecurity sector.
Substantial Merit and National Importance:
While the proposed endeavor was recognized for its substantial merit due to the potential benefits to the IT industry, it did not meet the threshold of national importance. The petitioner failed to provide evidence that the endeavor would have a broader impact beyond his direct clients.
Supporting Evidence:
The petitioner provided a business plan, published articles, and industry reports. The documents highlighted the importance of IT and cybersecurity but lacked specific details on the projected impact of the petitioner’s proposed business.
Inconsistencies in Proposed Endeavor:
The decision noted inconsistencies in the petitioner’s description of the proposed endeavor, specifically the lack of clear, detailed projects and activities that would justify the national importance of the endeavor.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan:
The business plan outlined the petitioner’s strategy to establish a consulting firm, including potential services and client base. However, it did not convincingly demonstrate the significant national impact.
Advisory Letter: Not applicable
Other Supporting Documentation:
The petitioner included various reports and articles but lacked concrete evidence linking his proposed business to a broader national impact.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to establish the national importance of the proposed endeavor, which is a critical requirement for the NIW.
Reasoning:
The key reason for the denial was the inability to demonstrate that the proposed IT consulting firm would have a substantial and positive impact on the national economy or cybersecurity infrastructure of the United States.
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