Date of Decision: April 29, 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 Assurance Expert
Field: Software Quality Assurance and Training
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The petitioner demonstrated substantial merit in the field of software quality assurance.
- Criterion 2: The petitioner showed potential benefit to the U.S. economy through consultancy services.
Criteria Not Met:
- Criterion 1: The petitioner failed to demonstrate national importance of his specific endeavor.
- Criterion 2: The petitioner did not establish a broader impact on the field or national economy.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his existing self-employment as an IT consultant, focusing on software quality assurance and training. He intended to implement his successful software quality approach for U.S.-based companies and train individuals to become IT experts, addressing the demand for software testers in the U.S.
Substantial Merit and National Importance:
The Director acknowledged the substantial merit of the petitioner’s work in software quality assurance. However, the petitioner did not sufficiently demonstrate that his endeavor had national importance. The evidence provided did not show a broader impact on the field or the national economy.
Supporting Evidence:
The petitioner provided articles and reports about software quality issues and the IT industry, an expert opinion letter, and a business plan. However, these documents did not adequately link the petitioner’s specific endeavor to a national level impact.
Inconsistencies in Proposed Endeavor:
The business plan lacked probative evidence to support the projected costs and earnings. The anticipated hiring of twelve individuals by the fifth year did not convincingly demonstrate a substantial economic effect.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan anticipated reducing software quality risks and improving cybersecurity but lacked supporting evidence for its projections.
Advisory Letter:
An expert opinion letter discussed the U.S. economy and entrepreneurial dynamics but did not specifically address the national importance of the petitioner’s endeavor.
Any Other Supporting Documentation:
Not provided.
Conclusion
The appeal was denied. The petitioner did not demonstrate that his endeavor rose to the level of national importance required for a national interest waiver. The lack of evidence connecting his work to a broader impact on the U.S. economy or field led to the decision.
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