Date of Decision: August 19, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Analysis
Petitioner Information
Profession: ET Analyst Senior
Field: Information Technology Analysis
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Educational Credential: The Beneficiary holds a Master of Science degree from an Indian university, which is equivalent to a U.S. bachelor’s degree in a required field of study.
Experience Documentation: The Petitioner provided documentation showing over ten years of progressive experience in the specialty.
Criteria Not Met:
Post-Baccalaureate Experience: The Beneficiary did not demonstrate the required 60 months of progressive post-baccalaureate experience due to the timing of the degree issuance.
Ability to Pay Proffered Wage: The Petitioner did not provide sufficient evidence of its ability to pay the proffered wage from the priority date onward.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as an ET Analyst Senior, responsible for analyzing and managing information technology systems to support the organization’s operations.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Beneficiary’s proposed endeavor. The focus was on meeting the educational and experience requirements and the ability to pay the proffered wage.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, educational credentials, and experience letters.
Further Submission on Appeal: Provided additional explanations and documents, including a letter from the principal of the Beneficiary’s university and an educational credentials evaluation.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the timing of the degree issuance. Although the Beneficiary completed coursework and examinations in 2005, the official diploma was issued in 2013. This affected the calculation of the required post-baccalaureate experience.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
Educational Credentials: Included a diploma, consolidated memorandum of marks, and letters from university officials stating the degree was completed in 2005.
Experience Letters: Documented the Beneficiary’s work experience from 2006 to 2016.
Financial Documentation: Included the Petitioner’s 2017 annual report but lacked the required 2018 financial documents to demonstrate the ability to pay the proffered wage.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Beneficiary did not meet the required 60 months of progressive post-baccalaureate experience because the degree was not officially conferred until 2013. Additionally, the Petitioner did not provide sufficient evidence of its ability to pay the proffered wage for 2018. The Petitioner did not meet the burden of proof required to establish eligibility for the EB-2 classification, as the record lacked the necessary documentation to support the Beneficiary’s qualifications and the Petitioner’s financial capability. Consequently, the initial decision to deny the petition was upheld, and the appeal was dismissed.
