EB-2 NIW USCIS Appeal Review – Project Manager in Information Technology and Telecommunications – FEB082024_08B5203

Date of Decision: February 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology and Telecommunications

Petitioner Information

Profession: Project Manager
Field: Information Technology and Telecommunications
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Remanded

Evidentiary Criteria Analysis

Criteria Met:

  • Advanced Degree Professional: The petitioner holds a U.S. master of business administration degree, qualifying as an advanced degree professional.
  • Substantial Merit of Proposed Endeavor: The proposed project management and business strategy roles in various sectors demonstrate substantial merit.

Criteria Not Met:

  • National Importance: The Acting Director concluded that the petitioner had not adequately established that her endeavor was of national importance.
  • Well-Positioned to Advance Endeavor: Contradictory statements were made about the petitioner’s capacity to advance her endeavor.

Key Points from the Decision

Proposed Endeavor:
The petitioner aims to continue her career focusing on project management and business strategy, particularly helping startups in technology, artificial intelligence, and cybersecurity.

Substantial Merit and National Importance:
The appeal noted the Acting Director’s acceptance of the substantial merit but pointed out the failure to recognize the national importance, which was not sufficiently justified in the denial.

Supporting Evidence:
Included were education credentials, a professional plan, personal statement, recommendation letters, and industry reports highlighting the relevance and urgency of technology development in U.S. initiatives.

Inconsistencies in Proposed Endeavor:
There were contradictory findings regarding the petitioner’s capability to advance the proposed endeavor, affecting her ability to address the deficiencies identified in the RFEs.

Supporting Documentation

Letters of Intent:
Not specifically detailed in the decision but generally involved various support documents indicating industry engagement and endorsement.

Business Plan:
Outlined in the professional plan but not extensively detailed in the decision.

Advisory Letter:
Included an expert opinion letter supporting the petitioner’s qualifications and the merits of her proposed endeavor.

Conclusion

Final Determination:
The case has been remanded due to insufficient explanation and contradictory statements by the Acting Director regarding the national interest and the petitioner’s qualification under the Dhanasar framework. The decision must be reconsidered with a detailed analysis of all relevant evidence.

Download the Full Petition Review Here

Igbo Clifford
Igbo Clifford

python • technical writing • filmmaking

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