Date of Decision: JAN. 16, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology (Network and Cybersecurity Engineering)
Petitioner Information
Profession: IT Network and Cybersecurity Engineer
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Director acknowledged the substantial merit of the proposed endeavor within the IT industry, particularly regarding the Petitioner’s work in network and cybersecurity engineering.
- Well-Positioned to Advance Proposed Endeavor: The Petitioner provided evidence of his capabilities and experience through letters of support, demonstrating his proficiency in the field.
Criteria Not Met:
- National Importance: The Petitioner failed to demonstrate the national importance of his specific proposed endeavor. The documentation did not sufficiently show how his work would extend beyond his immediate professional environment to impact the cybersecurity field or U.S. economy at a national level.
- Benefit to the United States: There was insufficient evidence to show that the Petitioner’s work would have substantial positive economic effects or significant potential to employ U.S. workers.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to enhance network security and protect data integrity across U.S. companies, focusing on securing systems against cyber threats.
Substantial Merit and National Importance:
While the IT field is acknowledged for its importance, the specific endeavors of the Petitioner did not demonstrate national importance sufficient to warrant a waiver of the job offer requirement.
Supporting Evidence:
The Petitioner submitted various articles, policy references, and an expert opinion letter, but these documents did not adequately link his specific activities to a broader national impact.
Inconsistencies in Proposed Endeavor:
The Petitioner’s proposals did not convincingly show how his individual contributions would significantly impact the broader field or national initiatives beyond his direct employment context.
Supporting Documentation
Expert Opinion Letter:
Provided by Dr. A-A-, but it failed to establish the national importance of the Petitioner’s specific work in network and cybersecurity engineering.
Conclusion
Final Determination:
The appeal is dismissed based on the failure to meet the national importance criterion of the Dhanasar framework. The Petitioner’s work, while valuable within his immediate professional sphere, did not demonstrate broader implications necessary for a national interest waiver.
Reasoning:
The evidence provided was insufficient to prove that the Petitioner’s endeavor would significantly impact the cybersecurity field or the U.S. economy at a level of national importance.
