Date of Decision: January 25, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Software Quality Analyst and Tester
Field: Information Technology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: None (Petitioner did not meet the required three of six criteria)
Criteria Not Met: - Criterion 1: Failure to meet three criteria as required for demonstrating exceptional ability
- Criterion 2: Insufficient evidence for educational equivalency as an advanced degree professional
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work in the field of software quality analysis and testing, contributing to the technological sector.
Substantial Merit and National Importance:
The appeal lacked sufficient new evidence to reconsider the national interest waiver, failing to convincingly argue the substantial merit and national importance of the proposed endeavor.
Supporting Evidence:
The petitioner submitted a credential evaluation and past work experience documents, which were found insufficient and not meeting the necessary standards to equate to a U.S. bachelor’s degree or higher.
Inconsistencies in Proposed Endeavor:
The evidence and credentials provided were deemed inconsistent and not credible enough to support the claims made in the endeavor.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: An expert opinion letter was referenced, but it did not significantly support the case.
Any other supporting documentation: Not provided with substantial new evidence for the appeal.
Conclusion
Final Determination: The petitioner’s appeal is dismissed, maintaining the initial denial due to unmet EB-2 classification requirements and insufficient justification for a national interest waiver.
Reasoning: The appeal failed to overturn any initial findings or provide compelling new evidence that would merit a different outcome. The documentation and evidence provided did not satisfactorily demonstrate eligibility for the EB-2 classification or justify a national interest waiver.