Date of Decision: April 5, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development
Petitioner Information
Profession: Software Developer
Field: Computer Science
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met: The Director concluded that the Petitioner met these criteria, which pertain to holding an advanced degree or exceptional ability in the sciences, arts, or business.
Criteria Not Met: The Petitioner did not provide sufficient evidence to show a salary or remuneration indicative of exceptional ability in software development.
Key Points from the Decision
Proposed Endeavor:
The Petitioner outlined a career plan to use his software development knowledge to work on large-scale projects, contributing directly to the field by designing and developing software where it is most needed.
Substantial Merit and National Importance:
The decision did not find sufficient evidence that the Petitioner’s proposed work held substantial merit and national importance that would warrant a waiver of the labor certification process.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evaluation found that waiving the labor certification requirements would not significantly benefit the United States due to insufficient evidence supporting the Petitioner’s claims.
Supporting Evidence
The Petitioner provided a letter from his accountant explaining his manner of compensation, a copy of his U.S. income tax return for 2020, and a new academic credentials evaluation. However, these were deemed insufficient to establish eligibility as they did not exist at the time of filing or failed to demonstrate exceptional ability.
Inconsistencies in Proposed Endeavor:
The Petitioner’s income records showed inconsistencies and a significant decrease from 2018 to 2019, which did not support the claim of exceptional ability in the field of software development.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Not applicable.
Conclusion
Final Determination: The appeal was denied. The Petitioner did not meet the required evidentiary criteria to demonstrate eligibility as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Reasoning: The evidence provided, including the letter from the Petitioner’s accountant and the academic credentials evaluation, failed to demonstrate that the Petitioner’s qualifications met the standards required for an exceptional ability or advanced degree classification.
