Date of Decision: November 16, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Custom Software Development and Programming
Petitioner Information
Profession: Computer Systems Analyst
Field: Custom Software Development and Programming
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Bona Fide Job Offer: The petitioner provided sufficient evidence to demonstrate that a bona fide job offer exists, resolving previously noted discrepancies regarding the beneficiary’s address.
Criteria Not Met:
No criteria were ultimately unmet in the sustained appeal.
Key Points from the Decision
Proposed Endeavor:
The petitioner, T-P-S-, Inc., aims to employ the beneficiary as a Computer Systems Analyst to contribute to their custom software development and programming projects.
Substantial Merit and National Importance:
The appeal focused on the legitimacy and merit of the job offer. The review concluded that the position holds substantial merit and importance, satisfying the requirements for a National Interest Waiver.
Supporting Evidence:
The petitioner submitted an ETA Form 9089, Application for Permanent Employment Certification, certified by the U.S. Department of Labor (DOL). Additional documentation provided upon appeal successfully addressed the discrepancies noted in the initial decision.
Inconsistencies in Proposed Endeavor:
The primary issue in the initial decision was the discrepancy between the beneficiary’s address on the Form I-140 and the labor certification. These inconsistencies were resolved through additional documentation and clarification provided on appeal.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: The petitioner provided substantial evidence to overcome the noted discrepancies, leading to the approval of the appeal.
Conclusion
Final Determination: The appeal is sustained, and the petition is approved.
Reasoning: The petitioner successfully demonstrated the legitimacy of the job offer and resolved all discrepancies, proving that the position is bona fide and meets the requirements for an EB-2 National Interest Waiver.
