Date of Decision: September 28, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Science or Information Systems
Petitioner Information
Profession: Application Delivery Lead Sr.
Field: Computer Science or Information Systems
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None: The Beneficiary did not meet the required educational criteria as specified in the labor certification.
Criteria Not Met:
U.S. Degree Requirement: The Beneficiary did not possess a U.S. bachelor’s degree or a foreign equivalent degree, which was required by the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary’s role as an Application Delivery Lead Sr. involves overseeing the delivery of IT applications and ensuring they meet business needs in the health care insurance provider company.
Substantial Merit and National Importance:
The position holds substantial merit and national importance due to the critical role of IT systems in the operations of a health care insurance provider.
Key Quotes: “The Beneficiary does not have a U.S. baccalaureate degree or a foreign equivalent degree, as required to meet the minimum educational requirement of the labor certification and to qualify for classification as an advanced degree professional.”
Supporting Evidence:
Associate Membership Certificate: The Beneficiary holds an associate membership certificate from the Institution of Engineers, which the Petitioner claimed is equivalent to a U.S. bachelor’s degree.
Evaluation Report: The Petitioner provided evidence that the certificate is recognized by the Indian government as equivalent to a degree in Mechanical Engineering from an Indian university.
Inconsistencies in Proposed Endeavor:
The Beneficiary’s qualification did not align with the labor certification requirements, which explicitly required a U.S. bachelor’s degree or a foreign equivalent degree.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not specifically mentioned.
Advisory Letter: Not specifically mentioned.
Any Other Supporting Documentation:
Educational Evaluation: Stated that the Beneficiary’s qualification is at par with an engineering degree from an Indian university but did not meet the requirement of being an actual degree.
Conclusion
Final Determination: Dismissed
Reasoning:
The appeal was dismissed because the Beneficiary did not possess a U.S. bachelor’s degree or a foreign equivalent degree as required by the labor certification and to qualify for the advanced degree professional classification.
