Date of Decision: April 27, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Senior Programmer Analyst
Petitioner Information
Profession: Senior Programmer Analyst
Field: Information Technology Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Educational Credentials: The Beneficiary’s post graduate diploma was found to be equivalent to a U.S. bachelor’s degree, meeting the educational requirements for the position and classification.
Supporting Expert Reports: Multiple expert reports and EDGE evaluation supported the equivalency of the Beneficiary’s post graduate diploma to a U.S. bachelor’s degree.
Criteria Not Met:
Experience Requirements: The Beneficiary did not possess the required five years of post-baccalaureate experience as specified in the labor certification.
Ability to Pay Proffered Wage: The Petitioner failed to demonstrate the ability to pay the proffered wage for the Beneficiary and other I-140 beneficiaries for the year 2015.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an IT services provider, sought to employ the Beneficiary as a senior programmer analyst. The endeavor involved utilizing the Beneficiary’s advanced programming and analytical skills to enhance the company’s technological solutions and client services.
Substantial Merit and National Importance:
The decision primarily focused on verifying the educational and experience qualifications of the Beneficiary rather than evaluating the 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 substantial merit and national importance of the Beneficiary’s role were not explicitly detailed in the decision, as the focus was on educational and experience qualifications.
Supporting Evidence:
The Petitioner provided multiple expert reports and an EDGE evaluation to substantiate the equivalency of the Beneficiary’s post graduate diploma to a U.S. bachelor’s degree.
Key quote: “A preponderance of the evidence establishes the Beneficiary’s post graduate diploma as the equivalent of a U.S. bachelor’s degree.”
Inconsistencies in Proposed Endeavor:
The primary inconsistency was related to the Beneficiary’s claimed experience, where the submitted documentation did not meet the requirement of five years of post-baccalaureate experience.
The record lacked additional employer letters to substantiate the claimed experience.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not provided or mentioned in the decision.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
The Petitioner submitted federal income tax returns, but lacked required evidence for the year 2015 to establish the ability to pay the proffered wage.
Conclusion
Final Determination:
The appeal was remanded to the Director for further consideration.
Reasoning:
The Beneficiary met the educational requirements with the post graduate diploma being equivalent to a U.S. bachelor’s degree.
The Beneficiary did not meet the experience requirement of five years of post-baccalaureate experience as per the labor certification.
The Petitioner failed to provide sufficient evidence to demonstrate the ability to pay the proffered wage for the Beneficiary and other I-140 beneficiaries for the year 2015.
The Director was instructed to notify the Petitioner of the evidentiary defects and allow a reasonable opportunity to respond.
This case underscores the importance of providing comprehensive and verifiable documentation in immigration petitions, particularly in demonstrating both the qualifications of the Beneficiary and the financial stability of the Petitioner.
