EB-2 NIW USCIS Appeal Review – Senior Developer – AUG102018_01B5203

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.

Download the Full Petition Review Here

Edward
Edward

I am a computer science student of the Federal University of Technology Owerri.
I enjoy reading Sci-fy novels, watching anime and playing basketball.

Articles: 473

Leave a Reply

Your email address will not be published. Required fields are marked *