Date of Decision: May 09, 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: Information Systems
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Well-positioned to advance the endeavor: The petitioner demonstrated her extensive experience and qualifications in the information systems field.
- Has substantial merit: The endeavor involved creating novel technological platforms to deliver mental health services.
Criteria Not Met:
- National importance: The petitioner failed to sufficiently establish the broader national importance of her endeavor, as required by the Dhanasar framework.
- Benefit to the United States: The evidence did not convincingly show that waiving the job offer and labor certification requirements would benefit the U.S.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to develop technology platforms to enhance virtual clinical services in the U.S. mental health industry.
Substantial Merit and National Importance:
- While the endeavor was recognized for its substantial merit, it lacked detailed evidence to prove its national importance or broad impact, as emphasized in the Dhanasar framework.
Supporting Evidence
- General articles and reports on mental health and technology were provided, but they did not specifically endorse or relate to the petitioner’s unique contributions or innovations.
Inconsistencies in Proposed Endeavor
- The appeal noted a lack of specific, persuasive details about the novel technological platforms and their impact, contributing to the failure to meet the national importance criterion.
Supporting Documentation
Business Plan:
- Outlined intentions to create and oversee a technology platform but lacked compelling details on its potential national impact or economic benefits.
Conclusion
The appeal was dismissed. The petitioner did not successfully demonstrate that her proposed endeavor meets the national importance criterion necessary for a national interest waiver.
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