Date of Decision: June 28, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Devices and Services
Petitioner Information
Profession: IT Program Manager
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified: The petitioner did not meet the evidentiary criteria required to establish the beneficiary’s qualifications.
Criteria Not Met:
Five Years of Post-Baccalaureate Experience: The petitioner failed to demonstrate that the beneficiary had the required five years of post-baccalaureate experience by the priority date.
Advanced Degree Equivalency: The petitioner did not establish that the beneficiary’s bachelor’s degree and experience qualified as an advanced degree equivalent.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as an “IT Program Manager II – Corporate Functions IT or other” in their computer devices and services business.
Substantial Merit and National Importance:
The decision did not detail findings regarding the substantial merit and national importance of the proposed endeavor. The focus was primarily on the beneficiary’s qualifications.
Key Quote: “The Petitioner has not established that the Beneficiary meets the requirements for EB-2 classification.”
Supporting Evidence:
The petitioner provided the beneficiary’s diploma, academic transcripts, and a letter from the registrar.
Key Quote: “The Beneficiary’s statement of marks alone does not demonstrate that the Beneficiary completed his degree requirements in June 2006.”
Inconsistencies in Proposed Endeavor:
The letter from the registrar indicated the beneficiary was eligible for the degree in August 2006, but the diploma was issued in November 2007, creating inconsistencies in the beneficiary’s qualifications timeline.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation:
The petitioner submitted additional corporate registration printouts and credentials evaluations, but these did not establish the beneficiary’s qualifications as required.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that the beneficiary had the required five years of post-baccalaureate experience by the priority date, nor did the petitioner demonstrate the beneficiary’s degree completion date was prior to the diploma issuance.
