Date of Decision: March 25, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Project Lead (IT)
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Criterion: Minimum educational and experience requirements
Description: The labor certification supports the requested classification of advanced degree professional, requiring at least a U.S. baccalaureate or foreign equivalent degree and five years of progressive post-baccalaureate experience in the IT field.
Criteria Not Met:
No specific criteria were listed as not met in the decision summary.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: Not applicable
Key quotes or references: None
Published Materials About the Petitioner:
Summary of findings: Not applicable
Key quotes or references: None
Original Contributions of Major Significance:
Summary of findings: Not applicable
Key quotes or references: None
Participation as a Judge:
Summary of findings: Not applicable
Key quotes or references: None
Membership in Associations:
Summary of findings: Not applicable
Key quotes or references: None
Authorship of Scholarly Articles:
Summary of findings: Not applicable
Key quotes or references: None
Leading or Critical Role Performed:
Summary of findings: Not applicable
Key quotes or references: None
Artistic Exhibitions or Showcases:
Summary of findings: Not applicable
Key quotes or references: None
Evidence of High Salary or Remuneration:
Summary of findings: Not applicable
Key quotes or references: None
Commercial Successes in the Performing Arts:
Summary of findings: Not applicable
Key quotes or references: None
Supporting Documentation
Labor Certification:
Summary: Demonstrates that the job requires a professional holding an advanced degree or the equivalent, specifically requiring a U.S. baccalaureate or foreign equivalent degree and five years of progressive post-baccalaureate experience in the IT field.
Conclusion
Final Determination: The appeal is sustained. The Director’s decision is withdrawn, and the labor certification supports the requested classification of advanced degree professional.
Reasoning: The de novo review found that the language in the labor certification does not allow an applicant to qualify for the job offered with less than the specified degree and experience.
Next Steps: The petitioner may proceed with the next steps for the beneficiary’s immigration process as an advanced degree professional.
Download the Full Petition Review Here
