EB-2 NIW USCIS Appeal Review – Lead Software Engineer – DEC292016_01B5203

Date of Decision: December 29, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Cyberinfrastructure for Plant Biology Research

Petitioner Information

Profession: Lead Software Engineer
Field: Cyberinfrastructure for Plant Biology Research
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Approved

Evidentiary Criteria Analysis

Criteria Met:

Substantial merit and national importance of the proposed endeavor.

The Beneficiary is well positioned to advance the proposed endeavor.

The Beneficiary has demonstrated significant expertise and past success as a lead software engineer, with substantial contributions to the development and implementation of the cyberinfrastructure project.

Criteria Not Met:

None specified as not met

Key Points from the Decision

Proposed Endeavor:

The Beneficiary aims to continue developing a comprehensive cyberinfrastructure to support plant biology research, enabling scientists to manage and analyze massive datasets and fostering cross-disciplinary research.

Substantial Merit and National Importance:

The Beneficiary’s work is crucial for plant biology research, providing powerful computational infrastructure for handling large datasets and complex analyses.

The project has national importance due to its impact on advancing plant biology research and training the next generation of scientists in utilizing cyberinfrastructure.

Supporting Evidence:

Letters from experts in the field highlight the national importance of the Beneficiary’s work and the extensive utilization of the cyberinfrastructure project by the scientific community.

Published articles discuss the widespread benefits of the project, including enabling data-driven science and fostering educational outreach programs.

Inconsistencies in Proposed Endeavor:

No inconsistencies noted

Supporting Documentation

Letters of Intent:

Various letters from field experts emphasize the importance of the Beneficiary’s contributions and the project’s significant impact on plant biology research.

Business Plan:

Detailed plans for the project’s future development and expansion to address computational needs beyond plant sciences.

Advisory Letter:

Letters from senior project officials and co-principal investigators underscoring the Beneficiary’s critical role and the ongoing success of the project under his leadership.

Any Other Supporting Documentation:

Documentation of research publications that cite the use of the cyberinfrastructure project, demonstrating its essential role in advancing scientific research.

Conclusion

The appeal was approved. The petitioner demonstrated that the Beneficiary’s work has substantial merit and national importance, that he is well positioned to advance the endeavor, and that it would be beneficial to the United States to waive the job offer and labor certification requirements.

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