Date of Decision: February 27, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology and Project Management
Petitioner Information
Profession: Senior Project Manager (IT)
Field: Information Technology
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner did not sufficiently meet the criteria required to establish the Beneficiary’s qualifications for the requested classification of advanced degree professional.
Criteria Not Met:
Labor Certification Requirements: The labor certification allowed for a combination of education, training, and experience that did not necessarily require a single advanced degree, thereby disqualifying the position from classification as an advanced degree professional.
Educational Requirements: The Director found that the minimum requirements of the labor certification did not support the requested classification because it allowed for a combination of qualifications that could include less than an advanced degree.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a software development company, sought to employ the Beneficiary as a senior project manager (IT). The petition was intended to secure lawful permanent resident status for the Beneficiary based on his advanced degree and professional experience.
Substantial Merit and National Importance:
The decision does not specifically address the merit or importance of the proposed endeavor due to the focus on the labor certification requirements and the Beneficiary’s qualifications.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner failed to establish that the labor certification supported the requested classification of advanced degree professional. The Director found that the labor certification’s inclusion of language allowing any suitable combination of education, training, and experience diluted the minimum requirements for the position, making it ineligible for advanced degree classification.
Supporting Evidence:
The Petitioner submitted recruitment materials and argued that the labor certification’s language was intended to align with regulatory requirements. However, the Director determined that the inclusion of additional language in the labor certification allowed for qualifications that did not meet the advanced degree requirements.
Inconsistencies in Proposed Endeavor:
The primary issue was the labor certification’s language, which allowed for a combination of qualifications that could be less than a single advanced degree. This inconsistency prevented the classification of the position as an advanced degree professional.
Supporting Documentation
Letters of Intent:
No specific letters of intent were summarized in the decision.
Business Plan:
No specific business plan was summarized in the decision.
Advisory Letter:
No specific advisory letters were summarized in the decision.
Any Other Supporting Documentation:
The Petitioner provided recruitment materials, but they did not clarify the minimum requirements for the job in a way that supported the requested classification.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The labor certification did not support the requested classification of advanced degree professional because it allowed for a combination of education, training, and experience that could be less than a single advanced degree. As a result, the petition did not qualify for EB-2 classification, leading to the dismissal of the appeal.
