Date of Decision: July 14, 2021
Service Center: Texas 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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Professional Memberships: The petitioner demonstrated membership in relevant professional associations, confirming his standing in the field of software engineering.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to show that his proposed endeavor had national importance. While his work in software engineering was recognized, the documentation did not clearly demonstrate the broader impact of his work on the U.S. economy or policy.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show he was well-positioned to advance his proposed endeavor. The submitted documents did not convincingly demonstrate his capacity to significantly influence or advance the field of software engineering.
Key Points from the Decision
Proposed Endeavor: The petitioner proposed to continue his career as a software engineer in the United States, focusing on software development for various companies. He aimed to contribute to the U.S. economy by enhancing software systems and development practices.
Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its substantial merit due to its potential to address software development and system optimization. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. economy at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process: The petitioner argued that his work would contribute to the U.S. economy by enhancing software development practices. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process, especially given the existing process to address such needs through labor certification.
Supporting Evidence
The petitioner submitted his curriculum vitae, academic credentials, and letters of support. These documents demonstrated his involvement in the software engineering field. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. economy or create significant job opportunities.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
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 letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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