Date of Decision: November 28, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Manufacturing
Petitioner Information
Profession: Senior Legacy Systems Field Service Engineer
Field: Electrical and Mechanical Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Educational Equivalence: The Beneficiary holds a Titulo degree in electrical and mechanical engineering from Mexico, which is equivalent to a U.S. bachelor’s degree.
Criteria Not Met:
Five Years of Post-Baccalaureate Experience: The Beneficiary did not possess the required five years of post-baccalaureate experience by the priority date, as the formal degree diploma was not issued until October 2008.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as a Senior Legacy Systems Field Service Engineer, responsible for the maintenance and servicing of legacy systems in the manufacturing sector.
Substantial Merit and National Importance:
Educational Requirements: The Director concluded that the Beneficiary did not have the minimum of five years of post-baccalaureate experience required to establish the equivalent of an advanced degree. The experience could only be counted from the issuance date of the formal degree diploma in October 2008, not from the completion of coursework in 1997.
Supporting Evidence:
Degree Certificate and Transcripts: The Petitioner submitted transcripts and a certificate confirming the completion of coursework in December 1997 and the issuance of the formal Titulo degree in October 2008.
Credentials Evaluations: Evaluations from educational credential assessment services concluded that the Beneficiary’s coursework is equivalent to a U.S. bachelor’s degree, but this did not suffice to prove the required post-degree experience.
Inconsistencies in Proposed Endeavor:
Work Experience Calculation: The primary issue was the calculation of the Beneficiary’s qualifying post-baccalaureate experience. The Petitioner argued that the experience should be counted from the completion of coursework in 1997, but the decision maintained that it should be counted from the issuance of the formal degree in 2008.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
Not provided.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish that the Beneficiary met the minimum experience requirements of the labor certification and the requested classification, as the required five years of post-baccalaureate experience could not be demonstrated.
