EB-2 NIW USCIS Appeal Review – Software Developer – JAN032024_03B5203

Date of Decision: January 3, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Color Management Technology

Petitioner Information

Profession: Software Developer and Inventor
Field: Color Management Technology
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

  • Advanced Degree Professional: The petitioner qualifies as a professional holding an advanced degree.
  • Positioned to Advance the Endeavor: The petitioner is well-positioned to advance the proposed endeavor based on past projects and recognition in the industry.

Criteria Not Met:

  • Substantial Merit and National Importance: The endeavor has substantial merit but lacks national importance. The impact of the proposed work is seen as beneficial primarily to the petitioner’s employer and its direct partners.
  • Benefit to the United States: The record does not sufficiently demonstrate that the endeavor would have a significant positive economic effect on the national level or influence the field beyond the petitioner’s current employer and clients.

Key Points from the Decision

Proposed Endeavor:
The petitioner aims to develop new color management programs and technology as the Chief Technology Officer at a company closely tied to his own entrepreneurial pursuits.

Substantial Merit and National Importance:
While the endeavor has substantial merit, it lacks national importance. Reference letters and industry reports do not sufficiently support a broader impact on the national level.

Supporting Evidence:
Includes patents, patent applications, and reference letters. However, these documents do not demonstrate that the petitioner’s technology has been widely adopted or influenced the field significantly.

Inconsistencies in Proposed Endeavor:
The primary inconsistency lies in the claimed national importance of the endeavor, as the evidence does not support broad industry influence or adoption.

Supporting Documentation

Letters of Intent: Not specifically mentioned.
Business Plan: No detailed business plan provided in the record.
Advisory Letter: Reference letters from industry professionals praise the petitioner’s contributions but lack specifics on the broader impact.

Conclusion

Final Determination: The petitioner has not convincingly demonstrated that his work in color management technology fulfills the criteria for national importance. Consequently, the national interest waiver is not merited.

Download the Full Petition Review Here

Igbo Clifford
Igbo Clifford

python • technical writing • filmmaking

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