Date of Decision: May 8, 2015
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: Technology Architect
Field: Information Technology and Electronic Payment Systems
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Significant Contribution: The petitioner demonstrated contributions to the field of electronic payment systems.
- Professional Achievements: The petitioner holds a U.S. baccalaureate degree in computer science and has over five years of progressive post-baccalaureate experience.
Criteria Not Met:
- National Impact: The petitioner did not provide sufficient evidence to prove that his work has a national impact.
- Prior Achievements: The petitioner’s past achievements were not adequately documented to justify future benefits to the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work in developing and optimizing electronic payment systems, asserting that this would significantly benefit the national economy.
Substantial Merit and National Importance:
While the petitioner’s work in electronic payment systems has potential merit, the evidence did not demonstrate a substantial impact on the national level. The petitioner’s contributions were recognized at an organizational level but lacked documented national influence.
Supporting Evidence
The petitioner submitted several letters of recommendation, professional papers, and a resume highlighting his contributions. However, the supporting evidence lacked concrete proof of national impact or widespread recognition within the field.
Inconsistencies in Proposed Endeavor
The decision highlighted discrepancies in the petitioner’s claims regarding his professional roles and contributions. There were also unsubstantiated references to awards and incomplete information about his educational background.
Supporting Documentation
Letters of Intent:
- No substantial evidence provided to support claims.
Business Plan:
- Not included.
Advisory Letter:
- Letters were submitted but lacked sufficient detail and credibility.
Any Other Supporting Documentation:
- The provided documents did not adequately support the petitioner’s claims of national importance.
Conclusion
The appeal was dismissed. The petitioner did not establish that his work in electronic payment systems meets the national interest waiver criteria. The evidence did not demonstrate significant national impact or justify a waiver of the job offer requirement.