Date of Decision: September 28, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development and Consulting Services
Petitioner Information
Profession: Java Software Engineer
Field: Software Development and Consulting Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Provisional Certificate as Degree: The Beneficiary’s post-baccalaureate experience should be measured from the date of the provisional certificate, not the formal diploma issuance.
Criteria Not Met:
Minimum Post-Baccalaureate Experience: The Petitioner failed to establish that the Beneficiary possesses the minimum five years of post-baccalaureate experience required by the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary’s role as a Java Software Engineer involves software development and consulting services.
Substantial Merit and National Importance:
The position of Java Software Engineer in software development and consulting services holds substantial merit and national importance, contributing to technological advancements and business operations.
Key Quotes: “The provisional certificate constitutes the official academic record of her ‘degree’ for purposes of calculating the five-year period of post-graduate experience.”
Supporting Evidence:
Provisional Certificate: Issued on August 22, 1996, indicating the completion of all substantive requirements for the degree.
Statement of Marks: Showed that the Beneficiary passed the final exams.
Federal Income Tax Returns: Provided for 2014 but lacking for subsequent years.
Inconsistencies in Proposed Endeavor:
The Beneficiary’s employment history presented in prior petitions and employment verification letters conflicted with the work history documented in the IRS Forms W-2.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not specifically mentioned.
Advisory Letter: Not specifically mentioned.
Any Other Supporting Documentation:
Provisional Certificate: Demonstrated completion of degree requirements on August 22, 1996.
IRS Forms W-2: Provided, showing employment details but with conflicting information regarding the Beneficiary’s employers and positions.
Conclusion
Final Determination: Remanded
Reasoning:
The decision was remanded for further proceedings to determine whether the Beneficiary possesses the minimum post-baccalaureate progressive experience required by the labor certification and to qualify for the requested classification.
Download the Full Petition Review Here
In Re: SEP282017_03B5203
Document Name: SEP282017_03B5203.pdf
