Date of Decision: February 4, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development
Petitioner Information
Profession: Lead Software Engineer
Field: Electrical Engineering, Computer Information Systems, Applied Mathematics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Required Education: The Beneficiary did not possess a U.S. master’s degree or foreign equivalent degree in electrical engineering, computer information systems, or applied mathematics.
Accreditation: The Beneficiary’s master’s degree was obtained from an institution that was not accredited at the time the degree was awarded.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a lead software engineer, requesting classification as an advanced degree professional.
Substantial Merit and National Importance:
The decision did not address substantial merit and national importance due to the Beneficiary’s failure to meet basic educational and accreditation requirements.
Supporting Evidence:
Educational documents and credentials evaluations were provided but were insufficient to establish the required educational equivalency.
The Beneficiary’s master’s degree was not from an accredited institution at the time of conferral, which is a critical requirement for qualification.
Inconsistencies in Proposed Endeavor:
The Beneficiary’s educational qualifications did not align with the requirements of the labor certification, which specified a need for a master’s degree from an accredited institution.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Various credentials evaluations and financial documents were submitted but conflicted and did not conclusively meet the petition’s requirements.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Beneficiary did not meet the minimum educational requirements specified in the labor certification.
The Beneficiary’s master’s degree was from an institution that was not accredited at the time of conferral, which is essential for the advanced degree classification.
