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 and Information Systems
Petitioner Information
Profession: Computer and Information Systems Specialist
Field: Electronics & Computer Engineering, Computer Science
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Foreign Degree Equivalence: The Beneficiary holds a Bachelor of Science in Electronics and Communications Engineering, which is evaluated to be equivalent to a U.S. bachelor’s degree.
Criteria Not Met:
U.S. Degree Requirement: The labor certification explicitly stated that a foreign equivalent degree is not acceptable for the job offered.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as a Computer and Information Systems Specialist in a company that wholesales men’s suits, focusing on systems management and IT support.
Substantial Merit and National Importance:
The role of a Computer and Information Systems Specialist is critical for managing IT infrastructure, ensuring the smooth operation of business processes, and supporting technological advancements.
Key Quotes: “The Beneficiary does not meet the minimum educational requirements of the labor certification because he does not have a U.S. bachelor’s degree and the labor certification does not allow for foreign equivalent degrees.”
Supporting Evidence:
Bachelor’s Degree: The Beneficiary’s degree from the Philippines was deemed equivalent to a U.S. bachelor’s degree.
Evaluation Report: Provided by an evaluator concluding that the foreign degree meets the U.S. educational standards.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies in the proposed endeavor itself, but the discrepancy lay in the labor certification requirements and the provided qualifications.
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 the foreign degree’s equivalence to a U.S. bachelor’s degree.
Conclusion
Final Determination: Dismissed
Reasoning:
The appeal was dismissed because the labor certification required a U.S. bachelor’s degree, explicitly stating that a foreign equivalent degree was not acceptable. The Beneficiary, therefore, did not meet the minimum educational requirements as outlined in the labor certification.
Download the Full Petition Review Here
In Re: SEP282017_04B5203
Document Name: SEP282017_04B5203.pdf
