Date of Decision: July 26, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electronics Engineering
Petitioner Information
Profession: Over-the-Air Reflash Validation Engineer
Field: Electronics Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary holds a master’s degree in electronics engineering.
The Beneficiary has 36 months of experience in the offered job or as an engineer or test or project lead engineer.
Criteria Not Met:
None. The appeal was sustained as all criteria were met upon further review.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as an over-the-air reflash validation engineer, focusing on the validation of software updates for vehicle electronics systems. The role requires advanced technical expertise in electronics engineering and significant experience in related fields.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit and national importance in the automotive industry, particularly in the development and validation of advanced vehicle electronics systems which are critical for modern automotive safety and functionality.
Supporting Evidence:
The supporting evidence included the Beneficiary’s academic credentials, documentation of relevant work experience, and clarification of the job requirements. The labor certification specified that the position required a master’s degree and 36 months of experience or a bachelor’s degree and five years of experience.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted regarding the proposed endeavor. The initial issue was the interpretation of the job requirements, which was resolved upon further review.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation: The key documents were the labor certification and the Petitioner’s clarification of the job requirements, which demonstrated that the position required an advanced degree.
Conclusion
Final Determination: The appeal is sustained.
Reasoning:
The Petitioner successfully clarified that the job offer required an advanced degree, as the position specified either a master’s degree with 36 months of experience or a bachelor’s degree with five years of experience. The inclusion of “Kellogg language” on the labor certification did not alter the minimum requirements for the position. Therefore, the Beneficiary met the eligibility criteria for classification as a professional holding an advanced degree under the EB-2 NIW category.
Download the Full Petition Review Here
In Re: G- Co., JUL262017_03B5203.pdf
