Date of Decision: March 13, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Network Security
Petitioner Information
Profession: Network Security Consultant
Field: Network Security
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The proposed endeavor has substantial merit.
Criteria Not Met:
National Importance: The endeavor was not established to be of national importance.
Well-Positioned to Advance: The petitioner was not demonstrated to be well-positioned to advance the endeavor.
Beneficial on Balance: It was not proven that waiving the job offer requirement would benefit the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to establish a technology-driven consulting firm specializing in comprehensive solutions to networking and security challenges faced by businesses in the United States.
Substantial Merit and National Importance:
While the endeavor was found to have substantial merit, the national importance of establishing the consulting firm was not adequately demonstrated. The petitioner did not sufficiently establish that the proposed firm would create jobs, contribute to the U.S. economy, or secure the nation’s technology infrastructure on a nationally significant level.
Supporting Evidence:
The petitioner provided a business proposal, articles discussing the importance of network security, and letters of recommendation. However, these documents were found insufficient to establish the national importance of the specific proposed endeavor.
Inconsistencies in Proposed Endeavor:
The business proposal submitted was dated after the filing of the original petition, leading to questions about the petitioner’s eligibility at the time of filing. Additionally, the proposal lacked credible financial projections and a clear basis for its claims.
Supporting Documentation
Letters of Intent:
[Not Provided]
Business Plan:
The business plan described the consulting firm’s services, target market, and projected financials but did not establish the firm’s potential to impact the field broadly or provide significant economic benefits.
Advisory Letter:
[Not Provided]
Any Other Supporting Documentation:
The articles submitted highlighted general cybersecurity challenges but did not relate specifically to the petitioner’s proposed endeavor.
Conclusion
The appeal was denied. The petitioner did not establish that his proposed endeavor had national importance or that he was well-positioned to advance it.
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