Date of Decision: January 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 and Support
Petitioner Information
Profession: Software Developer-3
Field: Software Development and Support
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Foreign Educational Equivalent: The Petitioner provided documentation that the Beneficiary possessed a foreign equivalent of a U.S. master’s degree based on a combination of degrees and professional evaluations.
Criteria Not Met:
Single Advanced Degree Requirement: The labor certification did not support the requirement for a single advanced degree (master’s degree or foreign equivalent), as it allowed for a combination of lesser degrees deemed equivalent by a professional evaluation service.
Specific Educational Requirements: The Petitioner failed to demonstrate that the offered position specifically required a single advanced degree without allowing for a combination of degrees.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a software development and support company, sought to employ the Beneficiary as a Software Developer-3. The Beneficiary’s role involved developing software applications, maintaining existing systems, and providing technical support.
Substantial Merit and National Importance:
Summary: The Beneficiary’s work in software development was found to have substantial merit and national importance due to its impact on technology and innovation within the company.
Key Quotes: The decision emphasized that the language in the labor certification allowed for a combination of degrees, which did not meet the specific requirement of a single advanced degree.
Supporting Evidence:
Summary: The Petitioner submitted academic credentials, professional evaluations, and recruitment materials to support the classification of the position as requiring an advanced degree.
Key Quotes: The decision noted that the labor certification’s language allowed for a combination of lesser degrees, which was insufficient for the advanced degree classification under section 203(b)(2) of the Act.
Inconsistencies in Proposed Endeavor:
Summary: The primary inconsistency was the acceptance of a combination of degrees to meet the advanced degree requirement, which contradicted the need for a single master’s degree or foreign equivalent.
Key Quotes: The decision highlighted that the labor certification allowed for a combination of degrees deemed equivalent by a professional evaluation service, which did not align with the statutory requirements for an advanced degree professional classification.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided the Beneficiary’s diploma, transcripts, professional evaluations, and recruitment materials, which were insufficient to establish the requirement for a single advanced degree.
Conclusion
Final Determination: Denied
Reasoning:
The labor certification did not support the classification of the Beneficiary as an advanced degree professional under section 203(b)(2) of the Act, as it allowed for a combination of lesser degrees.
The Petitioner did not demonstrate that the offered position specifically required a single advanced degree (master’s degree or foreign equivalent).
The appeal was dismissed due to the failure to meet the specific educational requirements for the advanced degree professional classification.
Download the Full Petition Review Here
In Re: M- Corp., JAN182017_01B5203.pdf
