Date of Decision: June 18, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Systems Development
Petitioner Information
Profession: Applications Developer
Field: Financial Systems Development
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The beneficiary possesses a foreign equivalent of a U.S. Bachelor’s degree, considered equivalent to a master’s degree due to his five years of progressive experience.
- Post-Baccalaureate Experience: The beneficiary has over five years of post-baccalaureate experience in financial systems development.
Criteria Not Met:
- None: The appeal established the beneficiary’s qualifications fully, thus no criteria remained unmet.
Key Points from the Decision
Proposed Endeavor:
The petitioner, the largest public school system in the United States, aims to employ the beneficiary as an Applications Developer – Financial Systems, enhancing the financial systems used by the institution.
Substantial Merit and National Importance:
The petitioner successfully demonstrated that the beneficiary’s work in financial systems development is of substantial merit and national importance, particularly given the scale and impact of the institution employing the beneficiary.
Supporting Evidence:
- Letters from Former Employers: Detailed letters outlining the beneficiary’s roles, responsibilities, and contributions in previous positions, supporting his qualifications.
- Labor Certification: Approved ETA Form 9089, establishing the priority date and confirming the necessity of the beneficiary’s role.
Inconsistencies in Proposed Endeavor:
None were noted in the decision, as the appeal effectively addressed all concerns previously raised by the Director.
Supporting Documentation
Letters of Intent:
Summarized the intent to employ the beneficiary and the strategic importance of his role in financial systems development.
Business Plan:
Detailed the integration of the beneficiary’s expertise into the organization’s financial systems, illustrating the expected improvements and benefits.
Advisory Letter:
Provided expert opinions on the beneficiary’s unique qualifications and the national importance of his contributions.
Any Other Supporting Documentation:
Included additional evidence of the beneficiary’s academic qualifications and professional achievements.
Conclusion
The appeal was approved. The petitioner successfully demonstrated the beneficiary’s qualifications, the substantial merit and national importance of his proposed endeavor, and the necessity of waiving the labor certification requirement.
