Date of Decision: December 28, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Telecommunications
Petitioner Information
Profession: Telecommunications Specialist
Field: Telecommunications
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner was recognized as meeting the criteria for an advanced degree professional.
- Substantial Merit: The petitioner’s endeavor in the telecommunications industry was deemed to have substantial merit.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that his proposed endeavor in telecommunications has national importance. The Director concluded that while the telecommunications industry is important, the petitioner failed to show how his specific proposed endeavor would have a significant national impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a telecommunications specialist, proposed to focus on expanding broadband internet access in rural and underserved areas of Florida. He aimed to support state-sponsored projects to improve internet connectivity and contribute to the broader telecommunications infrastructure.
Substantial Merit and National Importance:
The Director acknowledged that the telecommunications industry is of national importance, but the petitioner did not provide sufficient evidence to demonstrate that his specific endeavor would have a broader impact beyond his immediate business operations. The petitioner submitted evidence of state projects in Florida to expand broadband access but did not show that his endeavor was directly connected to these projects or that it would have national or global implications.
Well Positioned to Advance the Proposed Endeavor:
The Director found that the petitioner was well-positioned to advance the proposed endeavor, based on his experience and skill set. However, this did not outweigh the lack of evidence demonstrating the national importance of his endeavor.
On Balance, It Would Be Beneficial to Waive the Requirements of the Labor Certification Process:
This aspect was not reached in the analysis, as the petitioner did not satisfy the national importance prong of the Dhanasar framework.
Supporting Evidence:
The petitioner submitted a business plan, industry articles, reports, and an expert opinion letter. However, these were not sufficient to demonstrate the national importance of the proposed endeavor or that the petitioner’s work would have a significant impact on the telecommunications industry at a national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of the proposed endeavor. The AAO noted that the petitioner’s appeal did not address the eligibility issues identified by the Director and failed to provide new evidence or arguments to support the claim of national importance.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Provided but lacked sufficient detail to support the claim of national importance
Advisory Letter: Provided but did not sufficiently support the claim of national importance
Other Supporting Documentation: Included industry articles, reports, and an expert opinion letter, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that the proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The petitioner did not demonstrate eligibility for or merit a national interest waiver.
Download the Full Petition Review Here
