Date of Decision: December 2, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT Development Leadership
Petitioner Information
Profession: IT Development Leader
Field: Information Technology Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Motion to Reopen and Reconsider: Denied
Evidentiary Criteria Analysis
Criteria Met:
Labor Certification: The Petitioner successfully obtained labor certification, confirming there are insufficient U.S. workers available for the position.
Experience: The Beneficiary demonstrated the required experience in IT development leadership.
Criteria Not Met:
Minimum Educational Requirement: The Beneficiary’s three-year bachelor’s degree from an Indian university was not equivalent to a U.S. bachelor’s degree.
Equivalency Evaluation: The provided educational evaluation indicated that the Beneficiary’s degree was equivalent to three years of U.S. university studies, not a four-year U.S. bachelor’s degree.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to employ the Beneficiary as an IT development leader, focusing on overseeing software development projects and leading a team of developers to create innovative IT solutions.
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 qualifications required for the position.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, copies of the Beneficiary’s diploma, marks memoranda, and an independent evaluation of the Beneficiary’s educational credentials.
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 educational credential evaluation, which stated that the Beneficiary’s three-year bachelor’s degree is equivalent to three years of U.S. university studies, not a four-year U.S. bachelor’s degree.
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 diploma, marks memoranda, and an independent evaluation stating the degree is equivalent to three years of U.S. university studies.
Explanation on Appeal: Argued that the combination of the Beneficiary’s education and experience equates to a U.S. bachelor’s degree.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed.
Reasoning:
The Petitioner did not meet the burden of proof required to establish eligibility for the immigration benefit sought due to the insufficient equivalency of the Beneficiary’s educational credentials. The Beneficiary’s three-year bachelor’s degree did not meet the requirement of a U.S. bachelor’s degree or its equivalent. The additional evidence and arguments provided did not overcome the grounds of the initial denial. Consequently, the decision to deny the petition was upheld, and the motions to reopen and reconsider were dismissed.
