Date of Decision: July 25, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering
Petitioner Information
Profession: Power Engineer
Field: Electrical Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary possesses a Bachelor of Exact Sciences degree, equivalent to a U.S. bachelor’s degree in Electrical Engineering.
The Beneficiary has documented experience in power engineering.
Criteria Not Met:
The required six years of post-baccalaureate experience were not established by the priority date, as the calculation was based on the issuance date of the diploma rather than the completion of academic requirements.
The Beneficiary’s employment experience with the Petitioner was not considered due to the position’s substantial similarity to the offered job.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a power engineer, responsible for system-level power tuning and analysis, leveraging his expertise in electrical engineering and computer science.
Substantial Merit and National Importance:
The proposed endeavor was found to have substantial merit and national importance within the field of electrical engineering. However, the primary focus was on the Beneficiary’s qualifications and experience.
Supporting Evidence:
The supporting evidence included the Beneficiary’s diploma, academic transcripts, and a letter from the university registrar. The documentation aimed to demonstrate that the Beneficiary completed all degree requirements by September 2007, although the formal diploma was issued in June 2008.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted regarding the proposed endeavor itself. The primary issue was the timing of the degree completion and the qualifying experience, with conflicting dates and insufficient evidence to support the earlier completion date claimed by the Petitioner.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation: The key documents were the academic transcripts, registrar’s letter, and formal diploma. The registrar’s letter, written years after degree completion, was not considered a reliable academic record for establishing the completion date.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Beneficiary did not meet the requirement of six years of post-baccalaureate experience by the priority date. The Petitioner failed to provide sufficient evidence to establish that the Beneficiary completed all substantive requirements for his degree before the issuance of the diploma. Additionally, the Beneficiary’s employment experience with the Petitioner could not be used to qualify for the offered position, as it was in a substantially comparable role.
Download the Full Petition Review Here
In Re: A- Inc., JUL252017_03B5203.pdf
