Date of Decision: January 27, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Systems Engineering and Project Management
Petitioner Information
Profession: Systems Engineer and Project Manager
Field: Information Technology, Project Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s proposed endeavor of enhancing STEM education, particularly for minority females and students with disabilities, was acknowledged for its substantial merit.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Although she presented plans for her “Project Ability” initiative and related activities, the evidence was not convincing enough to demonstrate her capacity to significantly influence or advance the fields of STEM education and project management.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to demonstrate that waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently prove the national interest in her contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to pursue “Project Ability,” aimed at teaching computer programming and project management to minority females and students with disabilities free of cost. She intended to develop an inclusive learning environment through code clubs, camps, and mentorship sessions.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor had substantial merit, focusing on increasing participation in STEM fields and providing mentorship to underrepresented groups. However, the potential impact was deemed limited to the participants in her program, without broader implications for the educational field or the U.S. economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would contribute to the U.S. by fostering STEM education and increasing diversity in technology fields. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various articles discussing the benefits of STEM education, information on the state of computer science education, and letters from organizations interested in her program. However, these documents did not adequately demonstrate her ability to significantly impact the field or the economy.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized in the field of STEM education and project management.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Included letters from organizations, but they were not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from volunteers and parents praising her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
