EB-2 NIW USCIS Appeal Review – Profession: Software Engineer – MAR302023_01B5203

Date of Decision: MAR. 30, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Engineering

Petitioner Information

Profession: Software Engineer
Field: Economic Decision Support Systems and Big Data Analytics
Nationality: [Nationality not specified]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:
Substantial Merit: The Petitioner demonstrated the proposed endeavor’s substantial merit through his work in developing economic decision support systems and big data analytics, which hold significant potential in various sectors including business, technology, and security.

Criteria Not Met:
National Importance: The Petitioner did not sufficiently demonstrate that his proposed endeavor has national importance. The evidence provided was considered too general and lacked specific details about how his work would impact the industry or the U.S. economy on a national scale.

Key Points from the Decision

Substantial Merit and National Importance:
The Petitioner’s endeavor was recognized as having substantial merit but did not meet the threshold for national importance. The specific activities proposed, while valuable, did not provide sufficient evidence of a broader impact beyond individual business benefits.

Supporting Evidence:
The Petitioner submitted letters of intent, advisory letters, and a business plan. However, the documents dated after the initial filing were not considered, as eligibility must be established at the time of filing.

Proposed Endeavor

The Petitioner aimed to continue working in the field of economic decision support systems and big data analytics, intending to launch his own IT company and work as a consultant for startups. His goal was to address socio-economic and environmental problems and to enhance cloud security measures for major technology platforms.

Substantial Merit and National Importance:
The endeavor was considered to have substantial merit in terms of its potential applications and benefits to individual businesses. However, it failed to demonstrate a national or global impact within the industry or significant potential to employ U.S. workers or provide substantial positive economic effects.

Supporting Evidence:
Included business plans, letters of intent, and expert opinion letters. The business plan and supporting documents submitted after the initial filing were not considered as per the regulatory requirements.

Inconsistencies in Proposed Endeavor

The evidence provided did not sufficiently show how the Petitioner’s proposed activities would extend beyond personal or business success to impact the broader U.S. economy or industry at a national level.

Supporting Documentation:

Letters of Intent: Not sufficiently detailed to establish national importance.

Business Plan: Submitted after initial filing, thus not considered in the final decision.

Advisory Letter: Provided a general overview but lacked specific analysis supporting national importance.

Conclusion

Final Determination: Denied
Reasoning:
The Petitioner did not meet the national importance criterion required for the national interest waiver. The proposed endeavor, while valuable, was not shown to have a significant impact on a national scale. The appeal was dismissed due to insufficient evidence demonstrating the broader implications and substantial positive economic effects of the proposed work.

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