EB-2 NIW USCIS Appeal Review – Profession: Computer Software Engineer – APR272023_03B5203

Date of Decision: APR 27, 2023

Service Center: Nebraska Service Center

Form Type: Form I-140

Case Type: EB-2 National Interest Waiver (NIW)

Field of Expertise: Computer Software Engineering

Petitioner Information

Profession: Computer Software Engineer

Field: Software Quality Assurance

Nationality: Not specified

Summary of Decision

Initial Decision: Denied

Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

Qualification for Classification: The petitioner qualifies as a member of the professions holding an advanced degree.

Criteria Not Met:

Substantial Merit and National Importance: The petitioner did not establish that her proposed endeavor has substantial merit and national importance.

Material Changes Post-Filing: The changes made in response to the RFE constituted a new set of facts which cannot be used to establish eligibility.

Key Points from the Decision

Proposed Endeavor

The petitioner summarized her academic and employment history and asserted that she currently worked as a software quality assurance (QA) engineer. She initially proposed the following goals:

Obtain a certification on advanced techniques of automation testing.

Get the ISTQB certification.

Become an instructor.

Become a Senior QA Engineer.

In response to an RFE, the petitioner provided a revised five-year plan, including additional roles such as Certified Scrum Master, Project Manager, MBA, and Senior Director of Digital Product Management & Agile Delivery. These changes were considered new facts and not applicable to the initial petition.

Substantial Merit and National Importance:

The petitioner’s work as a QA engineer and instructor was determined to benefit her employers and clients but did not meet the threshold of having national or global implications within the field, such as those from improved manufacturing processes or medical advances. The petitioner did not provide sufficient evidence on how her work would create significant employment opportunities or substantial economic benefits, especially in economically depressed areas.

Supporting Evidence:

The petitioner provided a five-year professional plan and stated the importance of her work in supporting the growth of the software testing field. However, the evidence was deemed insufficient to establish the national importance of her proposed endeavor.

Inconsistencies in Proposed Endeavor

The initial petition lacked a detailed description of the proposed endeavor, and the revised plan provided in response to the RFE was considered a material change. Such changes are not permissible for establishing eligibility under USCIS requirements.

Supporting Documentation:

Letters of Intent: None specified
Business Plan: Provided in response to the RFE but considered a new fact.
Advisory Letter: None specified
Any other supporting documentation: The petitioner did not submit additional evidence to establish the substantial merit and national importance of her endeavor at the time of filing.

Conclusion

Final Determination: Denied

Reasoning:

The petitioner did not meet the first prong of the Dhanasar analytical framework, failing to demonstrate that her proposed endeavor has both substantial merit and national importance. Therefore, she is not eligible for a national interest waiver.

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