Date of Decision: October 15, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: SAP Applications and Systems Administration
Petitioner Information
Profession: SAP Applications and Systems Administrator
Field: Computer Science
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Advanced Degree
The petitioner provided evidence of the beneficiary’s advanced degree, specifically a Bachelor’s degree in Computer Science/Management Information Systems from India. However, this was not considered sufficient as an advanced degree under the USCIS standards.
Criterion 2: Relevant Work Experience
The beneficiary demonstrated over 21 years of progressively responsible work experience in the field of information technology. Evaluations of his experience indicated that combined with his degree, he met the qualifications equivalent to a U.S. Bachelor’s degree.
Criteria Not Met:
Criterion 1: Single Equivalent Degree
The beneficiary’s Bachelor of Commerce degree from India, combined with his work experience, was deemed insufficient to meet the requirement of having a single foreign degree equivalent to a U.S. Bachelor’s degree.
Criterion 2: Specific Skill Set Requirements
The petition did not adequately demonstrate that the beneficiary possessed all the specific technical skills listed in the labor certification, including experience with SQL Reporting Services, Microsoft CRM Dynamics, and other advanced IT systems and methodologies.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed that the beneficiary would serve as an SAP Applications and Systems Administrator, focusing on various advanced IT systems. The endeavor aimed to support the beneficiary’s contributions to the field of SAP systems and their integration within the U.S. market.
Substantial Merit and National Importance:
While the proposed endeavor had merit and importance, the USCIS determined that it did not meet the stringent requirements for an EB-2 National Interest Waiver. The documentation provided did not sufficiently prove the national significance of the beneficiary’s intended work.
Supporting Evidence:
The petitioner provided several documents, including letters of intent, evaluations of educational and work credentials, and a detailed job description. However, these documents failed to convincingly establish the beneficiary’s eligibility under the advanced degree professional classification.
Inconsistencies in Proposed Endeavor:
The review noted discrepancies in the beneficiary’s employment history and the alignment of his skills with the job requirements. These inconsistencies raised doubts about the accuracy and reliability of the petitioner’s claims.
Supporting Documentation
Letters of Intent:
Letters from employers and experts supported the beneficiary’s qualifications but were deemed insufficient due to inconsistencies and lack of corroborative evidence.
Business Plan:
Not applicable in this case.
Advisory Letter:
An advisory letter evaluating the beneficiary’s credentials and experience was provided but did not conclusively prove that his foreign degree was equivalent to a U.S. Bachelor’s degree.
Any other supporting documentation:
Additional documentation included evaluations and resumes, which also failed to resolve the identified inconsistencies in the beneficiary’s qualifications and experience.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The primary reasons for dismissal included the failure to prove that the beneficiary possessed a single degree equivalent to a U.S. Bachelor’s degree and inconsistencies in the provided evidence regarding the beneficiary’s employment history and specific technical skills.
