Date of Decision: March 4, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT Consulting
Petitioner Information
Profession: Database Administrator
Field: IT Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The labor certification supports the classification request as an advanced degree professional.
Description: The petitioner demonstrated that the job offered requires a master’s degree in Computer Science, Software Engineering, Computer Engineering, or Computer Science and Engineering, or an equivalent combination of education and experience.
Labor Certification Consistency: The labor certification’s requirements are consistent with the petition’s classification request.
Description: The petitioner provided evidence that the job’s minimum requirements align with the advanced degree professional classification, including the necessary labor certification.
Criteria Not Met:
Ambiguity in Requirements: The job’s educational and experience requirements were unclear.
Description: The labor certification indicated acceptance of any suitable combination of education, training, and experience, which made the actual minimum job requirements ambiguous.
Equivalence in Education and Experience: The petitioner’s phrasing allowed for less than a single degree.
Description: The labor certification allowed for a combination of education and experience that could potentially be less than a single bachelor’s or master’s degree, which does not meet the advanced degree professional classification requirements.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s proposed endeavor is to employ the beneficiary as a database administrator, requiring advanced technical skills and substantial experience in IT consulting.
Substantial Merit and National Importance:
The proposed endeavor was evaluated for its merit and national importance. However, specific findings were not provided in detail in this remand decision.
Supporting Evidence:
Labor Certification: Detailed the job requirements and minimum qualifications.
Appeal Documents: Provided clarification on the job requirements and addressed the Director’s concerns.
Inconsistencies in Proposed Endeavor:
The main inconsistency noted was the ambiguity in the labor certification regarding the educational and experience requirements, leading to the initial denial.
Supporting Documentation
Letters of Intent:
Summary and Key Points: The documentation was not specified in this decision.
Business Plan:
Summary and Key Points: Not applicable in this context.
Advisory Letter:
Summary and Key Points: Not mentioned in the decision.
Any Other Supporting Documentation:
Summary and Key Points: The decision did not specify additional documents.
Conclusion
Final Determination: The decision was remanded for further consideration.
Reasoning: The labor certification’s ambiguous requirements necessitated a review to determine if they adequately support the classification as an advanced degree professional. The Director will need to re-evaluate the case with the provided clarifications and enter a new decision.
