Date of Decision: January 29, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Systems Engineering
Petitioner Information
- Profession: Systems Engineer
- Field: Software and IT Services
- Nationality: [Not specified]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
- Criteria Met:
- Substantial Merit: The petitioner demonstrated substantial merit in the field of software and IT services.
- Well-Positioned to Advance: The petitioner provided evidence of qualifications and experience to advance the proposed endeavor.
- Criteria Not Met:
- National Importance: Failed to demonstrate how the proposed endeavor would impact the U.S. economy on a national level.
- Benefits to the United States: Insufficient evidence that waiving the job offer requirement would benefit the U.S.
Key Points from the Decision
- Proposed Endeavor:
The petitioner aimed to transition from a systems engineer to CEO of his own IT services company, intending to provide innovative solutions in IT sustainability and software quality. - Substantial Merit and National Importance:
The petitioner’s endeavor was acknowledged for its substantial merit but was criticized for not clearly demonstrating national importance, particularly in its potential economic impact. - Supporting Evidence:
Included academic credentials, published materials, and letters of recommendation. However, the evidence was deemed insufficient to prove national importance. - Inconsistencies in Proposed Endeavor:
The shift from employee to entrepreneur in response to an RFE was seen as a material change, raising questions about the originality and feasibility of the proposed endeavor.
Supporting Documentation
- Business Plan:
Detailed the services and potential impact of the proposed IT company, including market analysis and an employment plan for 18 people. - Advisory Letter:
Contained expert opinions supporting the petitioner’s qualifications but lacked specifics on the national importance of the endeavor.
Conclusion
- Final Determination: The appeal was dismissed based on the failure to demonstrate national importance. The decision emphasized the need for clear, direct evidence linking the proposed endeavor to significant economic impacts on a national scale.
- Reasoning: The appeal failed primarily due to the petitioner’s inability to address the specific requirements of national importance under the Dhanasar framework.
Download the Full Petition Review Here
