Date of Decision: March 28, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Systems and Software Development
Petitioner Information
Profession: Senior Computer Programmer
Field: Systems and Software Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None specifically noted in the decision.
Criteria Not Met:
Educational Requirements: The Beneficiary did not possess a master’s degree in one of the required fields (computer science, computer applications, engineering, or information technology) as specified on the labor certification.
Ability to Pay Proffered Wage: The Petitioner did not demonstrate its ability to pay the proffered wage for the Beneficiary and at least 18 other pending petitions.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a senior computer programmer, focusing on systems and software development services.
Substantial Merit and National Importance:
The decision did not provide specific findings regarding the substantial merit and national importance of the Beneficiary’s work, focusing instead on the Beneficiary’s qualifications and the Petitioner’s ability to pay the proffered wage.
Supporting Evidence:
The Petitioner provided the Beneficiary’s diploma, transcript, Form I-20, and a letter from a graduate coordinator, but the evidence did not establish the Beneficiary’s qualifications as required by the labor certification.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the discrepancy between the Beneficiary’s claimed field of study and the actual field listed on her academic records.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Diploma, transcript, Form I-20, and a letter from a graduate coordinator were provided to demonstrate the Beneficiary’s qualifications.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner failed to establish that the Beneficiary met the minimum educational requirements for the offered position as specified on the labor certification. Additionally, the Petitioner did not demonstrate its ability to pay the proffered wage for the Beneficiary and other pending petitions.
Download the Full Petition Review Here
In Re: N-B-C- Inc.
Document Name: MAR282017_03B5203
