Date of Decision: August 10, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development
Petitioner Information
Profession: Senior Developer
Field: Software Development and Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner demonstrated that the Beneficiary exceeds the educational requirements of the labor certification with a U.S. master’s degree and has more than 60 months of qualifying experience following receipt of the master’s degree.
Criteria Not Met:
None explicitly stated.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a senior developer, responsible for multi-tiered web application development using Java and web servers.
Substantial Merit and National Importance:
The findings focused on the Beneficiary’s qualifications for the offered position rather than the substantial merit and national importance of the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The Director initially concluded that the Beneficiary did not meet the educational requirements as stated on the labor certification. However, upon review, it was determined that the Beneficiary’s U.S. master’s degree in management information systems exceeds the required educational qualifications, and his more than 60 months of qualifying experience following receipt of the master’s degree fulfills the job requirements.
Supporting Evidence:
The Petitioner provided the Beneficiary’s U.S. master’s degree in management information systems, transcripts, and a bachelor of engineering degree in computer science and engineering from India.
Inconsistencies in Proposed Endeavor:
None noted in the decision.
Supporting Documentation
Letters of Intent: Not applicable in this case.
Business Plan: Not applicable in this case.
Advisory Letter: Not applicable in this case.
Any Other Supporting Documentation: Not applicable in this case.
Conclusion
The appeal was sustained. The Petitioner established that the Beneficiary possesses the required education and experience for the offered position, meeting the labor certification requirements.