Date of Decision: March 27, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Programmer Analyst
Field: Information Technology Solutions
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Possession of Required Degree: Beneficiary possesses a Bachelor of Science degree in the relevant field.
Position Requirements: The position formally requires a Master’s degree in computer science or engineering or alternatively, a Bachelor’s with five years of experience.
Criteria Not Met:
Work Experience: The Beneficiary failed to prove the requisite five years of progressive work experience necessary to qualify for the position.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was intended to be employed as a programmer analyst, focusing on programming and analysis within the information technology sector.
Substantial Merit and National Importance:
The role of programmer analyst is crucial for the technological advancements and operations of the petitioner’s business, implicating substantial merit; however, the appeal failed primarily on evidential grounds rather than the merit of the occupation itself.
Supporting Evidence:
The petitioner submitted a variety of documents, including a labor certification, academic records, and employment letters, but failed to adequately demonstrate the beneficiary’s qualifying work experience.
Inconsistencies in Proposed Endeavor:
The main inconsistency lay in the claimed work experience, where the Beneficiary’s documented experience did not satisfy the requirements listed in the labor certification, leading to credibility issues.
Supporting Documentation
Letters of Intent:
No significant details provided regarding specific intents related to employment beyond the general job offer.
Business Plan:
Not applicable or provided in the decision documents.
Advisory Letter:
The decision does not specify any advisory letters that impacted the outcome.
Any Other Supporting Documentation:
Documents submitted were insufficient to establish qualification for the offered position, particularly in demonstrating the Beneficiary’s work experience.
Conclusion
The appeal was denied. The petitioner did not adequately prove that the Beneficiary met the educational and professional experience requirements as stipulated by the labor certification and USCIS regulations.
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