Date of Decision: October 30, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Solutions and IT Solutions
Petitioner Information
Profession: Senior Business Analyst
Field: Computer Solutions and IT Solutions
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed as Abandoned
Evidentiary Criteria Analysis
Criteria Met:
- [Criterion 1]: N/A (Details not specified in the document)
- [Criterion 2]: N/A (Details not specified in the document)
Criteria Not Met:
- [Criterion 1]: The petitioner did not establish that the Beneficiary possessed the minimum requirements of the labor certification by the priority date.
- [Criterion 2]: The petitioner did not respond to the Request for Evidence (RFE), which precluded a material line of inquiry.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to permanently employ the Beneficiary as a senior business analyst in their computer solutions and IT solutions business.
Substantial Merit and National Importance:
The appeal was dismissed primarily due to the petitioner’s failure to respond to the RFE, which prevented verification of the Beneficiary’s education credentials and the petitioner’s ability to pay the proffered wage.
Supporting Evidence:
- Educational Credentials: The Beneficiary’s education documents were questioned due to inconsistencies regarding simultaneous B.Sc. and M.Sc. degrees.
- Financial Capability: Additional information regarding the petitioner’s ability to pay the proffered wage was requested but not provided.
Inconsistencies in Proposed Endeavor:
The Beneficiary’s education documents indicated that he was awarded an M.Sc. degree four years prior to being awarded a B.Sc., which was inconsistent with typical academic progression.
Supporting Documentation
Letters of Intent: N/A
Business Plan: N/A
Advisory Letter: N/A
Other Supporting Documentation:
- Educational Credentials: The Higher Education Commission (HEC) sticker and copies of the backside of the Beneficiary’s diplomas and transcripts were requested but not submitted.
Conclusion
Final Determination:
The appeal was summarily dismissed as abandoned due to the petitioner’s failure to respond to the RFE, thereby not establishing the Beneficiary’s eligibility for the immigration benefit sought.
Reasoning:
The decision was based on the petitioner’s non-response to the RFE, the unverified educational credentials, and the unresolved inconsistencies in the Beneficiary’s academic records.
