Date of Decision: February 19, 2015
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: Software Developer
Field: Software and Computer Consulting
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Experience in Software Development
The petitioner has demonstrated that the beneficiary has relevant experience in software development and programming, including designing, developing, and implementing business software solutions. - Criterion 2: Educational Qualifications
The beneficiary holds a Master’s degree in Computer Science, meeting the educational requirement for the position.
Criteria Not Met:
- Criterion 1: Specific Skill Requirements
The experience letters provided did not demonstrate that the beneficiary gained all the specific skills required by the labor certification, such as proficiency in various software and programming languages. - Criterion 2: Bona Fide Job Offer
The location of the worksite for the position offered is unclear, casting doubt on the existence of a bona fide job offer.
Key Points from the Decision
Proposed Endeavor:
The beneficiary is proposed to work as a Software Developer, Applications, to design and develop user-friendly applications and interact with clients to gather requirements and convert business needs into technical specifications.
Substantial Merit and National Importance:
The proposed endeavor in software development holds substantial merit and national importance due to its potential to contribute to the technological advancement and efficiency of businesses.
Supporting Evidence:
- Letters of Intent: Provided by the petitioner to demonstrate the necessity and relevance of the beneficiary’s role.
- Business Plan: Detailed the scope and impact of the beneficiary’s proposed activities.
- Advisory Letters: Included recommendations from industry experts affirming the significance of the beneficiary’s contributions to the field.
Inconsistencies in Proposed Endeavor:
The primary worksite address listed on the labor certification does not match the beneficiary’s residence, and no travel requirements or remote work options were stated, leading to questions about the legitimacy of the job offer.
Supporting Documentation
Letters of Intent:
- Detailed interactions with end-users and business owners to gather requirements and convert them into technical specifications.
Business Plan:
- Included the scope of developing user-friendly applications in various programming environments.
Advisory Letter:
- Provided endorsements from industry experts supporting the beneficiary’s skills and contributions.
Conclusion
Final Determination: The appeal was remanded. The petitioner did not sufficiently demonstrate the beneficiary’s experience in all required skills and the bona fide nature of the job offer.
