Date of Decision: May 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT Services
Petitioner Information
Profession: IT Service Engineer II
Field: Corporate Functions IT
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Post-Baccalaureate Experience: The Beneficiary demonstrated over six and a half years of progressive post-baccalaureate experience between August 3, 2007, and March 7, 2014.
Degree Requirements: The Beneficiary’s provisional certificate, issued on June 15, 2004, confirmed the completion of all degree requirements by April 2004, meeting the advanced degree criteria.
Criteria Not Met:
Formal Diploma Issuance Date: Initially, the Director concluded that the Beneficiary did not meet the five-year post-baccalaureate experience requirement based on the formal diploma issuance date of March 22, 2010.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was employed as an IT Service Engineer II within the Corporate Functions IT sector. His proposed endeavor involved supporting and enhancing IT services and infrastructure crucial to the company’s operations.
Substantial Merit and National Importance:
Merit and Importance: The appeal review emphasized that the Beneficiary’s role in IT services was critical to maintaining and advancing the technical infrastructure of the business, directly contributing to national economic interests.
Supporting Quotes: “The Beneficiary’s extensive experience and technical expertise are vital to our operational success and national economic interests.”
Supporting Evidence:
Provisional Certificate: Issued by the Beneficiary’s university on June 15, 2004, confirming the completion of all degree requirements by April 2004.
Memorandum of Marks: Documented the Beneficiary’s academic achievements and the completion of all coursework.
Employment Letters: Verified the Beneficiary’s relevant experience and job roles over the required period.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the Beneficiary’s proposed endeavor, as the supporting documentation aligned with the requirements for the EB-2 NIW classification.
Supporting Documentation
Letters of Intent:
Summarized the company’s intent to employ the Beneficiary in a role that leverages his extensive IT experience.
Business Plan:
Outlined the strategic importance of the IT services provided by the Beneficiary to the company’s overall operations.
Advisory Letter:
Highlighted the Beneficiary’s qualifications, experience, and contributions to the IT field.
Conclusion
The appeal was approved. The petitioner successfully demonstrated that the Beneficiary met the necessary requirements for the EB-2 NIW classification, particularly through the recognition of the provisional certificate date as the degree completion date.
