Date of Decision: February 24, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Computer Programmer
Field: Information Technology
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Educational Credentials: The petitioner submitted an evaluation stating the beneficiary’s foreign education is equivalent to a U.S. Master’s degree.
- Professional Experience: Documentation included transcripts and a degree from recognized institutions in India.
Criteria Not Met:
- Evaluation Consistency: The evaluation contradicted the EDGE database without proper explanation.
- Equivalency Justification: The educational evaluation did not align with the standards established by EDGE.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a computer programmer, emphasizing the beneficiary’s advanced education and professional qualifications.
Substantial Merit and National Importance:
The evaluation and transcripts demonstrated substantial merit in the field of information technology. However, the evaluation’s inconsistency with the EDGE database raised questions about the true equivalency of the beneficiary’s qualifications to a U.S. Master’s degree.
Supporting Evidence:
- Letters of Intent: Included but not detailed in the decision.
- Advisory Letters: Professional evaluations by credible sources, though they lacked alignment with recognized standards.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the contradiction between the submitted educational evaluation and the recognized EDGE database conclusions. The evaluation failed to explain why the beneficiary’s Master’s degree from India should be considered equivalent to a U.S. Master’s degree.
Supporting Documentation
Letters of Intent:
- No specific details provided in the decision.
Business Plan:
- Not applicable or not mentioned in the decision.
Advisory Letter:
- Included a July 19, 2011 evaluation from a credential evaluation organization, which was ultimately found unreliable due to internal inconsistencies.
Conclusion
Final Determination: The appeal was denied. The primary reasoning was the failure to establish the beneficiary’s foreign degree as equivalent to a U.S. Master’s degree according to EDGE standards, and the inability to resolve contradictions in the educational evaluation.
