Date of Decision: April 22, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Security
Petitioner Information
Profession: Security Software Engineer
Field: Information Security
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner holds a doctorate in Information Security.
- National Scope: The petitioner’s work in information security has potential national benefits.
Criteria Not Met:
- Substantial Intrinsic Merit: While the petitioner’s field is of national interest, the specific contributions made by the petitioner did not demonstrate a significant impact.
- Influence on the Field: The petitioner did not provide sufficient evidence to show a track record of influencing the field at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a Security Software Engineer, focusing on innovations in information security.
Substantial Merit and National Importance:
The petitioner’s work is recognized as important within the field of information security. However, the evidence provided did not sufficiently demonstrate how the petitioner’s specific contributions have influenced the field or will benefit the national interest to a greater degree than other qualified U.S. workers.
Supporting Evidence:
- Academic Credentials: The petitioner provided copies of academic credentials, including a dissertation and resume.
- Publications and Citations: The petitioner submitted five publication abstracts, two of which have been cited by independent research teams.
- Patent Applications: Information regarding three patent applications was provided, but two were filed after the petition date and could not be considered.
- Reference Letters: Two reference letters were submitted, praising the petitioner’s research but lacking concrete evidence of national influence.
Inconsistencies in Proposed Endeavor:
The petitioner did not provide certified translations for some submitted documents, as required.
Supporting Documentation
Letters of Intent:
- Not specifically mentioned in the summary.
Business Plan:
- Not specifically mentioned in the summary.
Advisory Letter:
- Provided by the petitioner’s doctoral advisor and postdoctoral research supervisor, highlighting the petitioner’s innovative methods and their application within their respective institutions.
Any Other Supporting Documentation:
- Additional evidence of patent applications and updated resumes.
Conclusion
The appeal was denied. The petitioner did not demonstrate a level of achievement and influence in the field of information security sufficient to warrant a waiver of the labor certification process.
