Date of Decision: September 1, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT Systems Management
Petitioner Information
Profession: IT Systems Manager
Field: IT Systems Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The Director determined that the petitioner qualifies as an individual of exceptional ability.
Criteria Not Met:
- National Importance: The Director did not adequately evaluate whether the petitioner’s proposed endeavor has national importance.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to leverage his experience as an IT systems manager to provide IT project management services and systems analysis. His endeavor includes fixing, maintaining, and improving IT systems, working on large-scale and complex IT projects, enhancing technological and commercial aspects of U.S. IT companies, and facilitating cross-border IT initiatives.
Substantial Merit and National Importance:
While the petitioner’s proposed work in IT systems management has substantial merit, the Director did not provide a comprehensive analysis of whether the endeavor has national importance. The petitioner claimed that his work would positively impact the U.S. economy by generating value, optimizing operations, creating jobs, contributing to the U.S. GDP, and generating tax revenue. However, the Director did not seek further information regarding the potential prospective impact of the petitioner’s work and did not adequately contemplate the lack of evidence to support the conclusion of national importance.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation of his professional experience, skills, and past success in related initiatives. However, the Director determined that the evidence was insufficient to demonstrate that the petitioner is well positioned to advance his proposed endeavor. The decision noted a lack of detailed information on the petitioner’s future activities, progress towards achieving the proposed endeavor, and interest from potential customers, users, or investors.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted various documentation, including descriptions of his professional experience and proposed activities. However, these were not sufficient to demonstrate the national importance of his proposed endeavor or that he is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The decision indicated that the Director’s analysis did not fully address the evidentiary deficiencies and the lack of a comprehensive evaluation of the proposed endeavor’s national importance.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Not provided
Other Supporting Documentation: Included descriptions of professional experience and proposed activities, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The Director’s decision was withdrawn due to an insufficient analysis of the proposed endeavor’s national importance and the petitioner’s qualifications to advance the endeavor. The matter was remanded for further consideration and the entry of a new decision consistent with a comprehensive analysis under the Dhanasar framework.
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