Date of Decision: January 8, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Video Software Design and Services
Petitioner Information
Profession: Senior Solutions Architect
Field: Video Software Design and Services
Nationality: Greek
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Proposed Endeavor: The petitioner’s proposed endeavor involved designing and servicing video software, which can have substantial merit in improving the technology sector.
Professional Expertise: The petitioner demonstrated expertise in the field of video software design and services, which is beneficial to national interests.
Criteria Not Met:
Educational Requirement: The petitioner’s beneficiary did not possess a U.S. master’s degree or a foreign equivalent degree as required under the terms of the labor certification.
Ability to Pay: The petitioner did not provide sufficient documentation to establish the ability to pay the proffered wage from the priority date up to the present.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to employ the beneficiary as a senior solutions architect to design and service video software. This endeavor was positioned as a critical contribution to the technology sector, potentially advancing national interests through innovative software solutions.
Substantial Merit and National Importance:
The proposed endeavor was recognized for its potential substantial merit and national importance, given the pivotal role of advanced video software in various industries. However, this recognition was not sufficient to overcome other deficiencies in the application.
Supporting Evidence:
The petitioner provided evidence such as educational credentials and descriptions of the proposed job duties. However, these were insufficient due to the lack of a qualifying degree and inadequate financial documentation.
Inconsistencies in Proposed Endeavor:
There were noted inconsistencies regarding whether the job offered was a newly created position. This lack of clarity further complicated the evaluation of the petition.
Supporting Documentation
Letters of Intent:
The document does not indicate any letters of intent were provided.
Business Plan:
The document does not mention the inclusion of a business plan.
Advisory Letter:
The document does not indicate any advisory letters were provided.
Other Supporting Documentation:
The document references the beneficiary’s “Diploma in Electrical & Computer Engineering” from a Greek university, comparable to a U.S. bachelor’s degree, which did not meet the advanced degree requirement.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to provide the requested additional evidence and the beneficiary’s lack of a qualifying advanced degree.
Reasoning: The key reasons for the dismissal included the petitioner’s non-compliance with the NOID/RFE, insufficient educational qualifications of the beneficiary, and lack of financial documentation to demonstrate the ability to pay the proffered wage.
