Date of Decision: July 27, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Database Administration
Petitioner Information
Profession: Database Administrator
Field: Database Administration
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary possesses a master’s degree from India, equating to a U.S. bachelor’s degree in a relevant field of study.
The Beneficiary has documented seven years of progressive experience in the specialty.
Criteria Not Met:
The Director found that the Beneficiary’s post-baccalaureate experience did not begin until March 1, 2009, based on the diploma date.
The Petitioner did not provide sufficient official academic records demonstrating the completion of degree requirements prior to the issuance of the diploma.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a database administrator, responsible for managing and optimizing database systems critical to the company’s operations in electronic, semiconductor, and computer components.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit and national importance, contributing to the efficient management and security of large-scale database systems essential for the company’s technological and operational success.
Supporting Evidence:
The supporting evidence included the Beneficiary’s academic credentials, marks memoranda, and a letter from the university registrar. Despite this, the evidence did not sufficiently demonstrate the completion of all degree requirements prior to the issuance of the diploma.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted regarding the proposed endeavor. The primary issue was the timing of the degree completion and the qualifying experience, with the diploma date being March 1, 2009, rather than the earlier date of coursework completion.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: University registrar’s letter, but it did not serve as an official academic record.
Any other supporting documentation: Educational credential evaluation, marks memoranda, and the diploma, which did not establish the required post-baccalaureate experience timeframe.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Beneficiary did not meet the requirement of having five years of post-baccalaureate experience by the priority date. The Petitioner failed to provide sufficient official academic records demonstrating the completion of all degree requirements before the issuance of the diploma. As a result, the Beneficiary’s post-baccalaureate experience was calculated from March 1, 2009, which did not meet the required timeframe for the offered position and the requested classification.
Download the Full Petition Review Here
In Re: A-E-, Inc., JUL272017_01B5203.pdf
