Date of Decision: October 29, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Wireless Network Security
Petitioner Information
Profession: Wireless Network Security Researcher
Field: Wireless Network Security
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: Established as holding an advanced degree equivalent in the field.
Substantial Merit: Research focusing on improving security protocols for wireless networks.
Criteria Not Met:
National Importance: Insufficient evidence of the broader impact on national security protocols and practices.
Well Positioned to Advance the Proposed Endeavor: Lacked substantial independent citations and recognition from relevant entities.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to enhance wireless network security through research focusing on mobile software agents, firewalls, and real-time attack response systems. Planned collaboration with National Institutes of Standards and Technology (NIST) to develop tools for cybersecurity system performance.
Substantial Merit and National Importance:
Acknowledged the substantial merit of improving wireless security systems but failed to provide sufficient evidence of national importance or a broad impact on U.S. cybersecurity policies.
Supporting Evidence:
Letters of Intent: Not applicable.
Business Plans, Advisory Letters: Documentation and publications outlining the research scope and methodologies.
Key Quotes: Cited general cybersecurity needs from a U.S. Department of Homeland Security study, but lacked specific endorsements or collaborative intentions from recognized authorities like NIST.
Inconsistencies in Proposed Endeavor:
The appeal lacked specific details on ongoing or future projects that align directly with national security goals or existing federal cybersecurity strategies.
Supporting Documentation
Letters of Intent: Not applicable, as no job offer is required for NIW.
Business Plan: Detailed in research proposals but not aligned with specific national strategies.
Advisory Letter: General support from academic peers without specific relevance to national security needs.
Any other supporting documentation: Included previous publications and conference presentations, showing merit but not extensive influence or adoption.
Conclusion
Final Determination: Appeal dismissed. The petitioner did not satisfactorily demonstrate that the proposed endeavor would have national importance or that he was well positioned to advance this endeavor to a degree that justifies waiving the labor certification requirement.
Reasoning:
Despite the research’s potential merit, the lack of demonstrable impact and recognition within the broader U.S. cybersecurity community led to the dismissal of the appeal. The evidence did not convincingly show that the petitioner’s contributions would significantly influence national security practices or that forgoing the labor certification process would benefit the United States.
