Date of Decision: APR. 3, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Engineering
Petitioner Information
Profession: Software Engineer
Field: Software Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1:The Petitioner satisfied the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A) by providing evidence of an advanced degree in software engineering.
Criterion 2: The Petitioner provided a valid license to practice the profession, meeting the requirements of 8 C.F.R. § 204.5(k)(3)(ii)(E).
Criteria Not Met:
Criterion 1: The Petitioner did not provide evidence of recognition for achievements and significant contributions to the industry by peers, governmental entities, or professional or business organizations, as required by 8 C.F.R. § 204.5(k)(3)(ii)(F).
Criterion 2: The Petitioner did not establish that a waiver of the job offer requirement would be in the national interest. The business plan submitted did not demonstrate significant contributions or recognition in the field.
Key Points from the Decision
Proposed Endeavor
The Petitioner seeks to establish a programming school for children with disabilities in the United States, leveraging her extensive experience and expertise in software engineering. Despite these qualifications, the Petitioner did not sufficiently describe how this proposed endeavor would have a significant impact on the national level.
Substantial Merit and National Importance: While the field of software engineering and education for children with disabilities are important, the Petitioner did not demonstrate that her specific proposed endeavor has substantial merit or national importance. The evidence provided focused on the potential of the programming school rather than the broader impact of her specific work.
Supporting Evidence: The evidence included a business plan for the programming school, training certificates, and awards. However, these documents did not establish the national importance of her specific activities in software engineering or education.
Inconsistencies in Proposed Endeavor
The evidence presented did not adequately demonstrate that the Petitioner’s achievements and experience represent a degree of expertise significantly above that ordinarily encountered in the field of software engineering. Additionally, the Petitioner did not provide sufficient details about the national impact of her proposed work.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: The Petitioner submitted a business plan titled “Programming School for Children with Disabilities.” However, the plan did not provide sufficient evidence of national recognition or significant contributions.
Advisory Letter: Not specified
Any other supporting documentation: The Petitioner submitted various training certificates and an award of completion from Oracle, but these did not sufficiently establish the national importance of her proposed work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish eligibility for the EB-2 classification as an individual of exceptional ability or as a member of the professions holding an advanced degree. The evidence did not demonstrate that her proposed endeavor has national importance. Consequently, further analysis of the remaining criteria was unnecessary.
