Date of Decision: July 27, 2017
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary possesses a bachelor’s degree in engineering from an Indian university, equivalent to a U.S. bachelor’s degree in a related field.
The Beneficiary has documented work experience as a software engineer and programmer analyst.
Criteria Not Met:
The Director determined that the Beneficiary’s post-baccalaureate experience did not begin until September 7, 2010, the date on the university statement of marks.
The Petitioner did not provide sufficient official academic records to demonstrate the completion of degree requirements prior to September 7, 2010.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a software developer, responsible for designing, developing, and maintaining software applications critical to the company’s operations.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit and national importance, contributing to advancements in software development and supporting the growth of the company’s technological capabilities.
Supporting Evidence:
The supporting evidence included the Beneficiary’s academic credentials, statement of marks, and a letter from the university. Despite this, the evidence did not sufficiently demonstrate that the Beneficiary had completed all degree requirements before September 7, 2010.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted regarding the proposed endeavor. The primary issue was the timing of the degree completion and the qualifying experience, with the critical date being September 7, 2010.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: University letter confirming the completion of coursework, but it did not serve as an official academic record.
Any other supporting documentation: Educational credential evaluation and the statement of marks, which did not establish the required post-baccalaureate experience timeframe.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Beneficiary did not meet the requirement of having five years of post-baccalaureate experience by the priority date. The Petitioner failed to provide sufficient official academic records demonstrating the completion of all degree requirements before September 7, 2010. As a result, the Beneficiary’s post-baccalaureate experience was calculated from that date, which did not meet the required timeframe for the offered position and the requested classification.
Download the Full Petition Review Here
In Re: E-, Inc., JUL272017_02B5203.pdf
