Date of Decision: July 9, 2015
Service Center: Texas 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: Computer Science, Information Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- The beneficiary holds a postgraduate certificate in Computer Networks.
- The beneficiary has extensive experience in software development and IT consulting.
Criteria Not Met:
- The beneficiary’s three-year Bachelor of Commerce degree is not considered equivalent to a U.S. bachelor’s degree in Computer Science or Information Technology.
- The combination of the beneficiary’s degrees and experience does not meet the requirement of an advanced degree professional classification.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to employ the beneficiary as a programmer analyst to develop software solutions and provide IT consulting services.
Substantial Merit and National Importance:
The petitioner’s business involves developing innovative software and providing IT consulting, which are of substantial merit and national importance. However, the beneficiary’s educational background does not meet the specific requirements set forth in the labor certification.
Supporting Evidence:
- Evaluations of the beneficiary’s educational credentials from multiple experts.
- Documentation of the beneficiary’s experience in software development and IT consulting.
Inconsistencies in Proposed Endeavor:
The educational evaluations provided were not consistent with the requirements outlined in the labor certification. The evaluations failed to demonstrate that the beneficiary’s foreign education is equivalent to a U.S. bachelor’s degree in the specified fields.
Supporting Documentation
Letters of Intent:
Summary and key points are not applicable for this case.
Business Plan:
Summary and key points are not applicable for this case.
Advisory Letter:
Summary and key points are not applicable for this case.
Any Other Supporting Documentation:
The evaluations provided did not sufficiently establish the equivalency of the beneficiary’s education to a U.S. bachelor’s degree in Computer Science or Information Technology.
Conclusion
The appeal was denied. The petitioner did not establish that the beneficiary possessed the foreign equivalent of a U.S. bachelor’s degree in Computer Science or Information Technology, and did not meet the requirements for the EB-2 NIW classification.
