Date of Decision: July 18, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development
Petitioner Information
Profession: Senior Software Engineer
Field: Computer Science and Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Date of Degree Conferral
The Petitioner successfully established that the Beneficiary completed all substantive requirements for his bachelor’s degree in computer science and engineering on July 24, 2008, rather than the diploma issuance date of February 23, 2012.
Criteria Not Met:
Post-Baccalaureate Experience
The Beneficiary’s employment experience documentation was inconsistent and did not sufficiently establish the required five years of post-baccalaureate experience.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to employ the Beneficiary as a Senior Software Engineer, leveraging his expertise in software development to contribute to the company’s projects.
Substantial Merit and National Importance:
The Petitioner’s claim was undermined by inconsistencies in the Beneficiary’s employment history and the lack of required experience documentation.
Key quotes: “The Petitioner must resolve this inconsistency in the record with independent, objective evidence pointing to where the truth lies.”
Supporting Evidence:
The Petitioner provided an official academic record and additional documentation, but the lack of experience letters and inconsistencies in employment history weakened the case.
Key quotes: “The record does not demonstrate that the Beneficiary had at least five years of qualifying post-baccalaureate employment experience as of the priority date of the petition.”
Inconsistencies in Proposed Endeavor:
The Petitioner’s evidence of employment history contained conflicting information regarding the Beneficiary’s positions and employers.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation:
Academic Degree: The Beneficiary’s bachelor’s degree was recognized as being completed on July 24, 2008.
Employment Documentation: Provided documents did not meet the regulatory requirements to establish the required five years of post-baccalaureate experience.
Conclusion
Final Determination: The decision was remanded for further proceedings. The primary reasons were the established completion date of the Beneficiary’s degree and the need for further investigation into the required post-baccalaureate experience.
Reasoning:
The Petitioner successfully demonstrated the completion date of the Beneficiary’s bachelor’s degree in 2008.
The Petitioner did not provide sufficient evidence to prove the Beneficiary’s five years of qualifying post-baccalaureate employment experience as of the priority date.
Download the Full Petition Review Here.
In Re: Matter of A- Corp., ID# 287254, AAO July 18, 2017
