Date of Decision: April 15, 2021
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: Software Developer
Field: Information Technology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Degree, Diploma, or Certificate: The petitioner presented valid academic records demonstrating a degree in software engineering.
Criteria Not Met:
- License or Certification: The petitioner’s certificates were not considered licenses to practice the profession.
- Commanding Salary: The petitioner’s salary did not significantly exceed the national average for software developers in Brazil.
- Recognition for Achievements: The petitioner’s evidence did not demonstrate significant contributions recognized by peers or professional organizations.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a software developer, aims to provide IT expertise to local companies and individuals, develop and adapt web and desktop applications, and bring innovative results to businesses in the United States.
Substantial Merit and National Importance:
While the provision of software development services holds substantial merit, the Director concluded that the proposed endeavor lacked national importance. The petitioner did not establish that his work would impact the broader field of information technology significantly.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his contributions to the IT sector would benefit the U.S. economy. However, the Director found that the petitioner’s work did not justify bypassing the labor certification process, as the national interest in his specific services was not demonstrated.
Supporting Evidence:
The petitioner provided diplomas, transcripts, professional certificates, reference letters, and salary information. These documents were insufficient to prove exceptional ability or the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by documentary evidence. His proposed activities appeared limited to direct client services rather than influencing the broader field of software development.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Letters from former employers and colleagues highlighted the petitioner’s skills but did not demonstrate broader industry recognition or impact.
Any Other Supporting Documentation:
The petitioner provided salary surveys and tax returns, which did not establish a commanding salary indicative of exceptional ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for exceptional ability, failed to demonstrate the national importance of his proposed endeavor, and did not provide sufficient justification for waiving the labor certification process.
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