Date of Decision: September 29, 2017
Service Center: Texas 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: Software Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner provided evidence that the Beneficiary possesses a diploma in mechanical engineering.
The Petitioner submitted opinion letters from educational experts indicating that the Beneficiary’s education is equivalent to a U.S. bachelor’s degree in engineering.
Criteria Not Met:
The Director concluded that the Beneficiary did not possess a single, four-year bachelor’s degree from a college or university.
The Beneficiary’s educational background did not meet the requirement for a U.S. bachelor’s degree or a foreign equivalent degree, as stipulated by the relevant regulations.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as a senior software engineer for the Petitioner, a software development and consulting company. The role involved developing and managing software projects for the company’s clients.
Substantial Merit and National Importance:
The petition emphasized the critical role of senior software engineers in developing innovative software solutions that drive business success and contribute to technological advancements.
Supporting Evidence:
The Petitioner submitted a diploma in mechanical engineering from India, opinion letters from educational experts, and a credentials evaluation report.
The Petitioner relied on the American Association of Collegiate Registrars and Admissions Officers (AACRAO) Electronic Database for Global Education (EDGE) to support its claim that the Beneficiary’s education is equivalent to a U.S. bachelor’s degree.
Inconsistencies in Proposed Endeavor:
The Petitioner did not provide sufficient evidence that the Beneficiary’s diploma in mechanical engineering is equivalent to a U.S. bachelor’s degree.
There were discrepancies in the Beneficiary’s claimed work experience, including conflicting information about previous employment.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Opinion letters from educational experts discussing the equivalency of the Beneficiary’s degree.
Other Supporting Documentation: Diploma, transcripts, and credentials evaluation report.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not establish that the Beneficiary possesses the minimum educational requirements for the requested classification as an advanced degree professional. The evidence provided did not demonstrate that the Beneficiary’s diploma in mechanical engineering is equivalent to a U.S. bachelor’s degree. Additionally, inconsistencies in the Beneficiary’s work experience further contributed to the denial of the appeal.
Download the Full Petition Review Here
In Re: R-P- Inc., SEP292017_02B5203.pdf
