Date of Decision: January 30, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development and IT Consulting
Petitioner Information
Profession: Programmer Analyst
Field: Software Development and IT Consulting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Bona Fide Job Offer: The Petitioner established that the position offered constituted a bona fide job offer.
Criteria Not Met:
Educational Requirements: The Beneficiary did not possess the required educational qualifications, specifically a single U.S. bachelor’s degree or foreign equivalent degree required for classification as an advanced degree professional.
Ability to Pay Proffered Wage: The Petitioner did not demonstrate its ability to pay the Beneficiary’s proffered wage from the priority date onward.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a provider of software development and information technology consulting services, sought to employ the Beneficiary as a Programmer Analyst. The role involved developing software applications, maintaining existing systems, and providing technical support and consulting services.
Substantial Merit and National Importance:
Summary: The Beneficiary’s role in software development and IT consulting was deemed important for the company’s operations. However, the job requirements did not align with the advanced degree criteria needed for the EB-2 NIW classification.
Key Quotes: The decision stated, “The record does not establish the Beneficiary’s possession of the educational requirements for the offered position and the requested classification.”
Supporting Evidence:
Summary: The Petitioner provided academic records, experience letters, and job descriptions to support the Beneficiary’s qualifications. However, the evidence did not demonstrate that the Beneficiary met the specific educational requirements.
Key Quotes: The decision noted, “The record does not establish that the Beneficiary has the single U.S. bachelor’s degree or foreign equivalent degree required for the advanced degree professional classification.”
Inconsistencies in Proposed Endeavor:
Summary: The primary inconsistencies were related to the ability to pay the proffered wage and the educational qualifications of the Beneficiary. The Petitioner failed to resolve these issues, which impacted the petition’s approval.
Key Quotes: The decision emphasized that the Petitioner “did not submit any additional evidence that would establish that it had the ability to pay the Beneficiary the proffered wage from the priority date onward.”
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided federal tax returns, academic records, and experience letters, but these were insufficient to establish the required educational qualifications and ability to pay the proffered wage.
Conclusion
Final Determination: Denied
Reasoning:
The Petitioner did not demonstrate that the Beneficiary met the required educational qualifications for the offered position.
The Petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward.
The appeal was dismissed due to the failure to meet the specific educational and financial requirements for the advanced degree professional classification.
Download the Full Petition Review Here
In Re: A-T- Inc., JAN302017_01B5203.pdf
