Date of Decision: December 4, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Software Engineering Services
Petitioner Information
Profession: Senior Software Developer
Field: Computer Software Engineering
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Educational Requirements: The Petitioner established that the Beneficiary’s foreign degree is equivalent to a U.S. master’s degree and is in an acceptable field of study for the offered position.
Advanced Degree Requirement: The Beneficiary’s foreign degree meets the advanced degree requirement as specified in the labor certification.
Criteria Not Met:
None: All criteria were met upon submission of additional evidence on appeal.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a provider of computer software engineering services, sought to employ the Beneficiary as a senior software developer. The petition was intended to secure lawful permanent resident status for the Beneficiary based on her 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 Beneficiary’s educational qualifications.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner provided sufficient evidence to demonstrate that the Beneficiary’s foreign degree is equivalent to a U.S. master’s degree in an acceptable field of study, which is crucial for waiving the Labor Certification requirements.
Supporting Evidence:
The Petitioner submitted additional evidence on appeal, including thorough consideration of the Beneficiary’s educational documents, which established the equivalency of the foreign degree to a U.S. master’s degree in an acceptable field of study.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor. The primary issue was the lack of initial evidence to support the Beneficiary’s educational qualifications, which was resolved upon appeal.
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 submitted additional educational documents on appeal, which were sufficient to establish the Beneficiary’s qualifications.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner provided sufficient evidence on appeal to establish that the Beneficiary’s foreign degree is equivalent to a U.S. master’s degree in an acceptable field of study, meeting the educational requirements for the offered position.
