Date of Decision: May 2, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Computer User Support Specialist
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The petitioner’s proposed endeavor to advance his career in the U.S. IT industry and contribute to the improvement of the Information Technology sector was recognized as having substantial merit.
Criteria Not Met:
National Importance: The petitioner failed to demonstrate that his specific endeavor would have a national impact beyond his immediate work environment or clients.
Broader Impact: The petitioner did not provide sufficient evidence to show how his work would affect the IT industry or the U.S. economy at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to help organizations improve their IT systems by implementing agile methodologies, optimizing processes, reducing costs, increasing productivity, and enhancing business intelligence.
Substantial Merit and National Importance:
While the proposed endeavor was acknowledged for its substantial merit, the petitioner did not meet the criteria for national importance. The decision noted that the shortage of IT professionals is typically addressed through labor certification processes, and the petitioner did not demonstrate how his work would have a broader national impact.
Supporting Evidence:
The petitioner provided industry reports and background information on the IT field. However, specific documentation proving the national importance and broader economic impact of his work was lacking.
Inconsistencies in Proposed Endeavor:
The petitioner did not provide sufficient evidence to show that his individual employment would significantly impact IT employment levels or the U.S. economy. The argument that the shortage of IT professionals justifies a national interest waiver was not supported by sufficient evidence.
Supporting Documentation
Letters of Intent: Not specifically detailed in the review.
Business Plan: Not specifically detailed in the review.
Advisory Letter: Not specifically detailed in the review.
Any other supporting documentation: General industry reports and occupational material for computer support specialists were included but did not sufficiently demonstrate national impact.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not meet the first prong of the Dhanasar analytical framework, which is to demonstrate the national importance of his proposed endeavor.
Reasoning:
The petitioner failed to provide adequate evidence to prove that his specific work would have a national impact. The decision emphasized the need for specific documentation showing broader implications of the petitioner’s work beyond his immediate professional environment.
