Date of Decision: April 6, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Services and Products
Petitioner Information
Profession: Business Systems Analyst
Field: Information Technology
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Bachelor’s Degree: The beneficiary possesses a bachelor’s degree in instrumentation engineering from India, which qualifies her for EB-2 classification.
Progressive Post-Baccalaureate Experience: The beneficiary’s provisional certificate and employment letters confirm that she has over five years of progressive post-baccalaureate experience in her field.
Criteria Not Met:
Initial Interpretation of Degree Conferral: Initially, the Nebraska Service Center did not recognize the provisional certificate as valid for calculating the five-year experience requirement.
Experience Calculation: The beneficiary’s experience was initially measured from the date of her formal diploma, which led to the conclusion that she did not meet the required five years of experience.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as a business systems analyst. The proposed endeavor involved leveraging her skills in information technology to support the company’s operations.
Substantial Merit and National Importance:
The decision emphasized the substantial merit of the beneficiary’s role in the information technology sector, highlighting the importance of her work in contributing to the company’s success and the broader industry.
Key Quote: “The provisional certificate constitutes the official academic record of the Beneficiary’s ‘degree’ for the purposes of calculating the five-year period of post-graduate experience.”
Supporting Evidence:
The petitioner provided experience letters confirming the beneficiary’s employment and progressive experience from November 2006.
Key Quote: “The record contains experience letters that confirm the Beneficiary’s qualifying experience began as of November 13, 2006.”
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted in the proposed endeavor. The appeal focused on the interpretation of the degree conferral date rather than the nature of the proposed endeavor itself.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not applicable.
Advisory Letter: Included a statement from the registrar of the beneficiary’s university confirming the validity and timing of the provisional certificate.
Other Supporting Documentation:
Provisional certificate issued on August 28, 2006, indicating the completion of degree requirements.
Statement of marks showing the beneficiary passed her final examination in May 2006.
Formal diploma issued on October 4, 2010.
Academic transcripts and a statement from the registrar explaining the delay in issuing the formal diploma.
Conclusion
Final Determination: The appeal was sustained, and the initial decision was overturned.
Reasoning: The key reason for the decision was the recognition that the provisional certificate, issued upon completion of all degree requirements, should be considered valid for calculating the required five years of post-baccalaureate experience. This interpretation allowed the beneficiary to meet the experience requirements for EB-2 classification.
