Date of Decision: March 31, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Senior Programmer/Analyst
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Educational Requirements: The Beneficiary’s provisional certificate was recognized as meeting the requirements for a bachelor’s degree, allowing the Beneficiary to meet the five-year post-baccalaureate experience requirement.
Criteria Not Met:
None specified in the final decision.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a senior programmer/analyst, focusing on developing and managing software systems within the banking sector.
Substantial Merit and National Importance:
The Beneficiary’s work as a senior programmer/analyst involves critical tasks that support the banking sector’s technological infrastructure, which has substantial merit and national importance.
Supporting Evidence:
The Petitioner provided the Beneficiary’s provisional certificate, statement of marks, and final diploma, all demonstrating the completion of degree requirements.
Documentation of the Beneficiary’s work experience was also provided, establishing over five years of progressive experience in the field.
Inconsistencies in Proposed Endeavor:
None noted in the final decision.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Provisional certificate, statement of marks, final diploma, and documentation of work experience.
Conclusion
Final Determination: The appeal was approved.
Reasoning:
The Petitioner successfully demonstrated that the Beneficiary met the educational and experience requirements for the EB-2 classification. The provisional certificate was recognized as evidence of the completion of the degree, allowing the Beneficiary to meet the requirement of five years of post-baccalaureate experience.
