Date of Decision: September 13, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Telecommunications Software Consulting
Petitioner Information
Profession: Telecommunications Software Consultant
Field: Telecommunications Software Architecture, 5G, and Cybersecurity
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the criteria as they failed to provide sufficient evidence or detail regarding the substantial merit and national importance of their proposed endeavor.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide a detailed and specific proposed endeavor, thus failing to demonstrate its substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not clearly identify his specific endeavor or demonstrate how his previous experience would enable him to advance the proposed work.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to provide sufficient evidence that waiving the labor certification requirement would benefit the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue working as a telecommunications software consultant, focusing on 5G and cybersecurity. However, he did not provide specific details on how he would achieve this in the United States.
Substantial Merit and National Importance:
The petitioner did not sufficiently identify his proposed endeavor, making it impossible to determine its substantial merit and national importance. The evidence provided did not demonstrate how his work in telecommunications software would impact the national interest.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide a clear plan or evidence of how his work would significantly benefit the United States to justify waiving the labor certification requirement.
Supporting Evidence:
The petitioner submitted employment letters, job certifications, training certificates, and other documents related to his work experience. However, these did not clearly demonstrate the specific proposed endeavor or its national importance.
Inconsistencies in Proposed Endeavor:
The petitioner’s description of his proposed endeavor was vague and lacked specificity, making it difficult to assess its substantial merit and national importance. The evidence provided did not clearly support his claims.
Supporting Documentation
Letters of Intent:
Not provided or summarized in the decision.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed endeavor had substantial merit and national importance, nor did he provide sufficient evidence that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of significant impact and national importance.
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