Date of Decision: February 16, 2021
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: Computer Science, Engineering, Computer Information Systems, Mathematics, Physics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that the proposed endeavor had substantial merit and national importance. The software engineering work in fields such as computer science and engineering was recognized for its potential impact.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show the beneficiary was well-positioned to advance the proposed endeavor. The documentation submitted did not convincingly demonstrate the beneficiary’s capacity to significantly influence or advance the field of software engineering.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in the beneficiary’s contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as a software engineer, highlighting his work in computer science, engineering, and related fields.
Substantial Merit and National Importance:
The beneficiary’s work in software engineering was acknowledged for its substantial merit and national importance due to its potential contributions to computer science and engineering.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that the beneficiary’s work would contribute to the United States by advancing the field of software engineering. However, the evidence did not sufficiently support the claim that waiving the labor certification process would be in the national interest.
Supporting Evidence:
The petitioner submitted the beneficiary’s academic credentials, enrollment verification certificate, and an academic transcript. However, these documents did not adequately demonstrate the beneficiary’s ability to significantly impact the field of software engineering by the priority date.
Inconsistencies in Proposed Endeavor:
The assertions about the beneficiary’s influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that the beneficiary’s work had been widely adopted or recognized in the field of software engineering.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included enrollment verification certificate and academic transcript, which indicated that the beneficiary completed all academic requirements but did not meet the degree conferral date prior to the priority date.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The petitioner did not meet the criteria for demonstrating that the beneficiary is well-positioned to advance the proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support the claims of substantial impact and national importance.
