Date of Decision: June 18, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Architecture
Petitioner Information
Profession: Lead Information Architect
Field: Software Development and Testing
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Minimum Education Requirements: The beneficiary met the minimum education requirements as stated on the labor certification.
- Continuing Ability to Pay the Proffered Wage: The petitioner established its ability to pay the proffered wage continuously.
Criteria Not Met:
- N/A: The appeal sustained the petition, hence no unmet criteria were identified.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary permanently in the United States as a lead information architect.
Substantial Merit and National Importance:
The AAO reviewed the petitioner’s evidence and concluded that the beneficiary’s role and the associated activities had substantial merit and national importance. The petitioner demonstrated the necessity and impact of the beneficiary’s expertise in the software development and testing field.
Supporting Evidence:
The petitioner provided comprehensive documentation, including the beneficiary’s educational qualifications and the company’s financial records, proving their ability to pay the proffered wage. The AAO found the new evidence submitted on appeal to be adequate and relevant.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
N/A
Business Plan:
N/A
Advisory Letter:
N/A
Any Other Supporting Documentation:
N/A
Conclusion
The appeal was sustained. The petitioner successfully demonstrated the beneficiary’s eligibility and the company’s ability to meet the required conditions for the EB-2 NIW classification.
