Date of Decision: April 20, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Engineering
Petitioner Information
Profession: Software Development Engineer In Test II
Field: Software Development
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Equivalent: The beneficiary holds a bachelor’s degree in engineering from India. The provisional certificate issued by the university on February 20, 2005, is recognized as the official academic record for calculating the required five years of post-baccalaureate experience.
Criteria Not Met:
Initial Evaluation by USCIS: The Director initially measured the beneficiary’s post-baccalaureate experience from the date of the formal diploma issuance in June 2010, rather than from the provisional certificate date in February 2005.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a Software Development Engineer In Test II, utilizing his advanced degree and extensive experience in software development.
Substantial Merit and National Importance:
The decision focused on the educational qualifications and experience of the beneficiary, determining that the beneficiary’s provisional certificate should be recognized for calculating the required post-baccalaureate experience.
Key Quote: “We conclude that, based on the specific circumstances and evidence in this case, 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:
The petitioner submitted the beneficiary’s statement of marks, provisional certificate, and formal diploma. Additionally, employment records were provided to demonstrate the beneficiary’s qualifying experience.
Key Quote: “The provisional certificate, together with the statement of marks, demonstrates that the Beneficiary completed all the substantive requirements and that the university approved his degree.”
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the initial incorrect assessment of the beneficiary’s experience based on the diploma issuance date rather than the provisional certificate date.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation:
Statement of marks
Provisional certificate
Formal diploma
Employment records
Conclusion
Final Determination: The appeal was sustained, and the initial decision was overturned.
Reasoning:
The petitioner successfully demonstrated that the beneficiary met the educational and experience requirements for the EB-2 classification by recognizing the provisional certificate as the valid date for calculating post-baccalaureate experience. The beneficiary’s extensive experience and advanced degree qualifications made him eligible for the immigration benefit sought.
