Date of Decision: June 16, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Consulting
Petitioner Information
Profession: Business Analyst
Field: Information Technology Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner established that the Beneficiary has a master’s degree.
The Petitioner provided a diploma and transcript showing the Beneficiary’s qualifications.
Criteria Not Met:
The Beneficiary’s master’s degree in Business Administration (MBA) does not qualify as a related field to computer science or engineering as required by the labor certification.
The Beneficiary did not provide sufficient evidence of the required 12 months of experience in the relevant field.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a business analyst in the field of information technology consulting.
Substantial Merit and National Importance:
The petition failed to demonstrate that the Beneficiary’s proposed work has substantial merit and national importance as required under EB-2 NIW standards.
Supporting Evidence:
The Petitioner provided an MBA diploma and transcript, as well as an evaluation letter from an academic dean, but these did not meet the specified criteria of the labor certification.
The supporting documents did not include corroborating evidence of the required work experience beyond a single employment letter.
Inconsistencies in Proposed Endeavor:
The Petitioner’s interpretation of the educational requirements was inconsistent with the labor certification, leading to the denial.
Supporting Documentation
Letters of Intent: None provided.
Business Plan: Not applicable.
Advisory Letter: An evaluation letter was provided but was not deemed sufficient to meet the labor certification requirements.
Other Supporting Documentation: Affidavits from the Beneficiary concerning prior experience were submitted but lacked corroboration.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Beneficiary did not meet the minimum educational and experience requirements specified in the labor certification.
