Date of Decision: April 7, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Clinical Data Programming
Petitioner Information
Profession: SAS Programmer Analyst
Field: Clinical Data Programming
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The Director and subsequent review found that the petitioner did not meet the criteria for establishing a bona fide job offer or intent to employ.
Criteria Not Met:
- Bona Fide Job Offer: The petitioner failed to establish a genuine, full-time, and permanent job offer as required for the classification.
- Job Requirements: The petitioner did not accurately reflect the minimum job requirements on the labor certification, including the need for a background check and drug screening.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as a senior SAS programmer analyst, responsible for analyzing clinical data, creating data models, and supporting clinical trials.
Substantial Merit and National Importance:
The petition did not sufficiently demonstrate how the proposed employment of the beneficiary would significantly benefit the United States, particularly given the lack of a permanent, full-time job offer.
Supporting Evidence:
The petitioner provided various documents, including labor certification, prevailing wage determination, and work orders, which were found to be inconsistent and insufficient in proving a permanent job offer.
Inconsistencies in Proposed Endeavor:
The petition contained discrepancies in the duration and nature of the job offer, casting doubt on the credibility of the evidence presented.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petition included work orders and agreements, which did not sufficiently establish a permanent, full-time job offer.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for establishing a bona fide, permanent job offer and did not accurately reflect job requirements on the labor certification.
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