Date of Decision: November 8, 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: Approved, subsequently revoked
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner misrepresented its relationship to the Beneficiary, which was later withdrawn.
Criterion 2: The Petitioner reinstated the labor certification after misrepresentation was withdrawn.
Criteria Not Met:
Criterion 1: The Petitioner did not establish that the offered position was a bona fide job opportunity.
Criterion 2: The Beneficiary did not meet the labor certification’s educational requirement for the offered position.
Key Points from the Decision
Proposed Endeavor:
The Petitioner requested classification of the Beneficiary as a senior SAP manager under the second preference immigrant classification, which allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.
Substantial Merit and National Importance:
The Petitioner claimed that the offered position was a bona fide job opportunity open to U.S. workers and that the Beneficiary’s educational credentials met the labor certification’s requirements. However, the decision found that these claims were not substantiated by the evidence provided.
Supporting Evidence:
The supporting evidence provided by the Petitioner, including arguments made on appeal and in prior motions, failed to establish the bona fide nature of the job opportunity or that the Beneficiary met the required educational credentials. Specific arguments were repeated without new supporting documentation.
Inconsistencies in Proposed Endeavor:
There were no new facts or documentation submitted in support of the motion to reconsider. The Petitioner’s arguments were the same as those put forth on appeal and in prior motions, which had already been addressed in detail.
Supporting Documentation
Letters of Intent:
Not specified
Business Plan:
Not specified
Advisory Letter:
Not specified
Any Other Supporting Documentation:
Not specified
Conclusion
The appeal was denied. The petitioner did not demonstrate the bona fide nature of the job opportunity or that the Beneficiary met the labor certification’s educational requirement.
Download the Full Petition Review Here
In Re: 01B5203
Document Name: NOV082017_01B5203
