Date of Decision: May 1, 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 SAP Manager
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified in the decision.
Criteria Not Met:
Bona Fide Job Opportunity: The Petitioner did not establish that the offered position was a bona fide job opportunity open to U.S. workers.
Educational Requirements: The Beneficiary did not hold the academic credential required by the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a senior SAP manager, focusing on the management and implementation of SAP systems within the IT firm.
Substantial Merit and National Importance:
The decision did not provide specific findings regarding the substantial merit and national importance of the Beneficiary’s work, focusing instead on the issues of the job opportunity and educational qualifications.
Supporting Evidence:
The Petitioner provided labor certification, educational credentials, and employment records. However, these did not adequately address the inconsistencies in the Beneficiary’s educational qualifications or the bona fide nature of the job offer.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the failure to establish that the offered position was a bona fide job opportunity open to U.S. workers and that the Beneficiary held the necessary academic credentials as per the labor certification.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Labor certification, educational credentials, and employment records.
Conclusion
Final Determination: The appeal was denied.
Reasoning:
The Petitioner did not establish that the offered position was a bona fide job opportunity open to U.S. workers. Additionally, the Beneficiary did not hold the academic credential required by the labor certification. The provided evidence was insufficient to meet the regulatory requirements, leading to the denial of the motion to reopen and the motion to reconsider.
