Date of Decision: May 4, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Research Science
Petitioner Information
Profession: Computer Research Scientist
Field: Computer Science
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet the criteria needed for an advanced degree professional as specified in the labor certification.
Criteria Not Met:
- Educational Requirements: The petitioner did not provide sufficient evidence to show the beneficiary met the educational requirements. The doctorate degree in “Information Systems” was not considered equivalent to the required “Computer Science” degree.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a computer research scientist. The job required a doctorate in “Computer Science” with two years of experience as a lead data scientist or in a related occupation. The labor certification specified that no alternate field of study would be accepted.
Substantial Merit and National Importance:
The petitioner’s claim was undermined by the fact that the beneficiary’s degree was in “Information Systems,” not “Computer Science.” The Director concluded that, even with professional evaluations equating the degree to a U.S. doctorate in computer science, the provided documentation did not meet the strict requirements specified in the labor certification.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the beneficiary’s contributions.
Supporting Evidence:
The petitioner submitted the beneficiary’s diploma and independent professional evaluations. However, these evaluations did not adequately explain how a doctorate in “Information Systems” equates to a doctorate in “Computer Science.” Additional letters from professors were also insufficient to demonstrate the beneficiary’s qualifications as required by the labor certification.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not align with the educational requirements stated in the labor certification. The provided documentation did not establish the beneficiary’s possession of an educational degree in the field of study required by the offered position.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Provided but not sufficiently detailed to support the claim of equivalency
Other Supporting Documentation: Included professional evaluations and letters from professors, which were insufficient to establish the beneficiary’s possession of the required educational degree.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the educational requirements specified in the labor certification. The evidence provided was insufficient to support the claims of equivalency between the degrees in “Information Systems” and “Computer Science.”
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