Date of Decision: January 30, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development and Database Administration
Petitioner Information
Profession: Database Administrator
Field: Database Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Education Requirements:
The evidence in the record established that the Beneficiary met the education requirements of the offered position.
Criteria Not Met:
Experience Requirements:
The evidence did not establish that the Beneficiary met the experience requirements of the offered position.
Inconsistent Employment History:
There were discrepancies in the Beneficiary’s claimed prior employment, particularly regarding the period worked at a motorcycle store versus the claimed full-time employment.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a database administrator, highlighting their role in software development and database administration.
Substantial Merit and National Importance:
The Petitioner did not sufficiently demonstrate the substantial merit and national importance of the Beneficiary’s work.
Key Quote: “The Petitioner must support its assertions with relevant, probative, and credible evidence.” (Matter of Chawathe, 25 I&N Dec. 369, 376)
Supporting Evidence:
The Petitioner submitted multiple “experience certificates” and an affidavit from the Beneficiary, but these were insufficient to resolve discrepancies in the Beneficiary’s employment history.
Key Quote: “The additional ‘experience certificates’… are insufficient evidence to resolve this discrepancy.”
Inconsistencies in Proposed Endeavor:
The Beneficiary’s employment history had inconsistencies, specifically during the period from August 2006 to August 2008, where conflicting evidence was provided about his full-time employment versus part-time work at his father’s motorcycle store.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Other Supporting Documentation:
The Petitioner submitted an updated “experience certificate,” an affidavit from the Beneficiary, and a letter from the Beneficiary’s father. These documents aimed to address the employment discrepancies but failed to provide sufficient, credible evidence.
Conclusion
Final Determination: The motion to reopen and reconsider was denied.
Reasoning:
The Petitioner failed to provide sufficient evidence to resolve discrepancies in the Beneficiary’s employment history.
The Petitioner did not meet the burden of proof required to demonstrate the Beneficiary’s eligibility for the EB-2 NIW classification.
Download the Full Petition Review Here
In Re: D-S-, Inc. JAN302017_03B5203.pdf
