Date of Decision: May 24, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Applied Mathematics and IT
Petitioner Information
Profession: Software Consultant II
Field: Applied Mathematics and Information Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Educational Equivalence: The Beneficiary possesses a master’s degree in applied mathematics from an Indian institution, which is equivalent to a U.S. bachelor’s degree.
Post-Baccalaureate Experience: The Beneficiary’s post-degree experience was recognized from the issuance date of the provisional certificate.
Criteria Not Met:
None identified, as the appeal successfully demonstrated the Beneficiary’s qualifications and experience.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an information technology business, sought to employ the Beneficiary as a Software Consultant II. The Beneficiary’s proposed endeavor involved leveraging his expertise in applied mathematics and IT to develop and optimize software solutions for the company.
Substantial Merit and National Importance:
Merit and Importance: The appeal review found that the Beneficiary’s work in software consulting, involving complex mathematical and IT solutions, had substantial merit and national importance.
Key Quotes: “The provisional certificate constitutes the official academic record of his ‘degree’ for purposes of calculating the five-year period of post-graduate experience.”
Supporting Evidence:
Provisional Certificate: Issued on May 24, 2003, confirming the completion of all degree requirements.
Formal Diploma: Issued on June 23, 2010, indicating a delay in the formal issuance but not affecting the recognition of the degree completion date.
Employment Records: Evidence of the Beneficiary’s employment experience with two different employers from August 2006 to April 2014, demonstrating over five years of qualifying post-baccalaureate experience.
Inconsistencies in Proposed Endeavor:
There were no noted inconsistencies in the proposed endeavor, as the supporting documentation aligned with the requirements for the EB-2 NIW classification.
Supporting Documentation
Letters of Intent:
Not specifically detailed in the decision.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not specifically detailed in the decision.
Any Other Supporting Documentation:
The Petitioner provided necessary documentation, such as the provisional certificate and employment records, to substantiate the Beneficiary’s qualifications and experience.
Conclusion
The appeal was approved. The Petitioner successfully demonstrated that the Beneficiary met the necessary requirements for the EB-2 NIW classification, particularly through the recognition of the provisional certificate date as the degree completion date.
