Date of Decision: February 9, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Consulting and Staffing Services
Petitioner Information
Profession: Senior Software Engineer
Field: Consulting and Staffing Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
The petitioner provided evidence establishing the beneficiary’s possession of the required experience for the offered position.
The petitioner demonstrated the validity of its federal employer identification number (FEIN) and its ability to pay the proffered wage.
Criteria Not Met:
Initially, the petitioner did not establish the beneficiary’s required experience for the position.
Initially, the petitioner did not demonstrate the ability to pay the proffered wage at the time of the petition’s approval.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a provider of consulting and staffing services, sought to permanently employ the beneficiary as a senior software engineer.
Substantial Merit and National Importance:
The petitioner’s work in consulting and staffing services has substantial merit and supports the broader IT industry. The petitioner’s services contribute to the efficient deployment of skilled professionals in various industries, highlighting the national importance of maintaining a robust workforce.
Supporting Evidence:
The petitioner submitted employment records, letters of recommendation, and detailed job descriptions to establish the beneficiary’s qualifications.
Financial documentation and a validated FEIN were provided to demonstrate the petitioner’s ability to meet wage requirements.
Inconsistencies in Proposed Endeavor:
Initially, the Director noted discrepancies regarding the beneficiary’s experience and the petitioner’s financial capabilities. These discrepancies were addressed through additional evidence submitted in response to the Notice of Intent to Dismiss (NOID) and Request for Evidence (RFE).
Supporting Documentation
Letters of Intent:
Letters from the petitioner confirming the intention to employ the beneficiary.
Business Plan:
Not specified in the document.
Advisory Letter:
Letters of recommendation from colleagues and supervisors.
Any other supporting documentation:
Employment records, financial statements, and validation of the federal employer identification number.
Conclusion
Final Determination: The appeal is sustained.
Reasoning: Upon de novo review, the petitioner successfully demonstrated the beneficiary’s required experience and the petitioner’s ability to pay the proffered wage. The comprehensive evidence provided addressed the initial discrepancies noted by the Director. Consequently, the Director’s decision to revoke the approval was withdrawn, and the appeal was approved, allowing the petitioner to employ the beneficiary as a senior software engineer.
