EB-2 NIW USCIS Appeal Review – Senior Database Engineer – MAR262019_01B5203

Date of Decision: March 26, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Network Computing Products and Services

Petitioner Information

Profession: Senior Database Engineer
Field: Network Computing Products and Services
Nationality: [Not Specified]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Remanded

Evidentiary Criteria Analysis

Criteria Met:

Advanced Degree Professional:
The petitioner provided evidence that the beneficiary holds a foreign equivalent of a U.S. master’s degree in computer science, fulfilling the educational requirement for the EB-2 classification.

Substantial Merit and National Importance:
The beneficiary’s work as a senior database engineer in network computing products and services was initially recognized for its significant potential impact on the U.S. technology sector.

Criteria Not Met:

Positioned to Advance Proposed Endeavor:
The petitioner did not provide sufficient evidence to demonstrate that the beneficiary possesses the required two years of experience in the job offered or as a database administrator, including specific skills such as implementing Grid Control and Data Guard.

Validity of the Labor Certification:
The petitioner did not establish itself as the successor-in-interest to the original labor certification employer, failing to demonstrate the transfer of rights and obligations necessary to carry on the business in the same manner as the predecessor.

Key Points from the Decision

Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a senior database engineer, focusing on advanced database management and network computing products and services that could enhance technological infrastructure in the U.S.

Substantial Merit and National Importance:
The beneficiary’s proposed work has substantial merit in improving database management systems and contributing to advancements in network computing. This work holds potential national importance due to its implications for the technology sector and industrial growth.

Supporting Evidence:
The petitioner provided the beneficiary’s foreign educational credentials, an independent evaluation equating the foreign degree to a U.S. master’s degree in computer science, and letters from previous employers verifying employment dates and job titles.

Inconsistencies in Proposed Endeavor:
The evidence did not sufficiently demonstrate the beneficiary’s possession of the minimum required experience for the offered position. Additionally, the petitioner did not adequately establish its status as the successor-in-interest to the original labor certification employer.

Supporting Documentation

Letters of Intent:
The petitioner included letters from the beneficiary’s former employers confirming his job titles and dates of employment but lacking detailed descriptions of his experience and skills.

Business Plan:
Not applicable.

Advisory Letters:
The petitioner provided an advisory letter from a purported former manager of the beneficiary, describing his experience and skills. However, the letter lacked corroborating evidence of the author’s affiliation with the employer during the beneficiary’s tenure.

Any other supporting documentation:
The petitioner included the beneficiary’s academic transcripts and an independent evaluation of his foreign degree, supporting the claim that it is equivalent to a U.S. master’s degree in computer science.

Conclusion

Final Determination:
The appeal was remanded for further review. The Director is to re-evaluate the petition, providing the petitioner an opportunity to address the deficiencies related to the beneficiary’s qualifying experience and the validity of the labor certification.

Reasoning:
The petitioner successfully demonstrated that the beneficiary possesses a master’s degree in the required field of study. However, the petitioner failed to establish the beneficiary’s qualifying experience for the job and the petitioner’s status as the successor-in-interest to the labor certification employer. The petitioner will be given an opportunity to submit additional evidence to address these issues.

Download the Full Petition Review Here

Victor Chibuike
Victor Chibuike

A major in Programming,Cyber security and Content Writing

Articles: 532

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