Date of Decision: July 10, 2015
Service Center: Nebraska 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 Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner established that the beneficiary held an advanced degree relevant to the field of software development as specified on the ETA Form 9089.
Experience Requirements: Evidence showed that the beneficiary had the required experience specified on the labor certification by the priority date.
Criteria Not Met:
Initial Education Evaluation: The initial decision noted a failure to demonstrate the beneficiary met the minimum education level, which was later refuted with additional evidence.
Training Verification: Initial evidence was deemed insufficient, but subsequent submissions clarified and satisfied this requirement.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a software developer, a role requiring advanced technical skills and experience in software engineering and development.
Substantial Merit and National Importance:
The appeal noted that the beneficiary’s role in software development was of substantial merit and national importance due to the critical nature of software solutions in modern business operations. The evidence provided indicated significant potential contributions to the field and the broader U.S. economy.
Supporting Evidence:
- Letters of Intent: Detailed letters from prospective employers and collaborators outlining the beneficiary’s anticipated contributions to key projects.
- Advisory Letters: Expert opinions confirming the beneficiary’s qualifications and the national importance of their work.
- Business Plans: Comprehensive plans detailing the beneficiary’s intended projects and their expected impact on the industry.
Inconsistencies in Proposed Endeavor:
The initial decision identified inconsistencies in the proposed endeavor’s description, which were addressed and clarified during the appeal, demonstrating a coherent and consistent plan.
Supporting Documentation
Letters of Intent:
Provided letters illustrated strong industry demand and outlined specific projects for the beneficiary.
Business Plan:
The business plan highlighted innovative software development projects and their potential economic impact.
Advisory Letter:
Expert letters supported the beneficiary’s exceptional ability and the national importance of their proposed work.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
Reasoning: The petitioner provided sufficient evidence demonstrating that the beneficiary met the educational and experience requirements as of the priority date. The proposed endeavor was deemed to have substantial merit and national importance.
