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.