Date of Decision: September 15, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Engineering
Petitioner Information
Profession: Senior Software Engineer
Field: Computer Science
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
N/A
Criteria Not Met:
The Beneficiary did not meet the minimum educational requirements for the job offered.
The Beneficiary did not possess the required five years of post-baccalaureate experience by the priority date.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a senior software engineer, requesting classification as a member of the professions holding an advanced degree under the second preference immigrant classification.
Substantial Merit and National Importance:
The decision did not address the substantial merit and national importance of the Beneficiary’s proposed endeavor due to the primary focus on educational and experience requirements not being met.
Supporting Evidence:
Educational Documents: A diploma and an evaluation report from a Brazilian institution, both asserting the Beneficiary’s qualification equivalent to a U.S. bachelor’s degree.
Employment Letters: Letters from three IT companies confirming the Beneficiary’s employment history in Brazil.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the Petitioner’s request to change the classification from advanced degree professional to skilled worker after the initial filing, which was not permissible on appeal.
Supporting Documentation
Letters of Intent:
The Beneficiary’s previous employers in Brazil confirmed employment but did not sufficiently verify the substance and duration of the Beneficiary’s studies.
Business Plan:
Not applicable.
Advisory Letter:
Evaluation reports indicating equivalency to a U.S. bachelor’s degree, but without supporting documentation verifying the length and substance of the academic program.
Any Other Supporting Documentation:
No official transcripts or records of courses and grades from the Beneficiary’s academic program were provided.
Conclusion
The appeal was denied. The petitioner did not establish that the Beneficiary has the minimum educational requirements or the required five years of post-baccalaureate experience. Furthermore, the request to change the classification from advanced degree professional to skilled worker on appeal was not permissible.
Download the Full Petition Review Here
In Re: SEP152017_01B5203
Document Name: SEP152017_01B5203.pdf
