Date of Decision: April 28, 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 Engineer
Field: Information Technology Services
Nationality: Indian
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Valid Labor Certification: The Petitioner secured a valid labor certification from the Department of Labor (DOL).
Criterion 2: Initial Approval: The Form I-140 petition was initially approved by USCIS.
Criteria Not Met:
Criterion 1: Responding to NOIR: The Petitioner failed to respond to the Notice of Intent to Revoke (NOIR) sent by USCIS, which led to the revocation of the petition.
Criterion 2: Fraudulent Activities: The petitioner’s involvement in fraudulent activities cast doubt on the validity of the petition.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an information technology services company, sought to employ the Beneficiary as a software engineer. The proposed endeavor involved leveraging the Beneficiary’s expertise in software engineering to enhance the company’s technological solutions.
Substantial Merit and National Importance:
The decision did not extensively evaluate the substantial merit and national importance of the proposed endeavor due to the focus on the petitioner’s fraudulent activities and failure to respond to the NOIR.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This aspect was not explicitly discussed in the decision because the primary focus was on the petitioner’s fraudulent activities and failure to respond to the NOIR.
Supporting Evidence:
Labor Certification: The Petitioner secured a labor certification from the DOL in 2005.
Form I-140 Approval: USCIS approved the Form I-140 petition in 2006.
Key quote: “The Petitioner’s failure to respond to the NOIR and involvement in fraudulent activities led to the revocation of the approved petition.”
Inconsistencies in Proposed Endeavor:
The main inconsistency was related to the petitioner’s fraudulent activities, which cast doubt on the validity of the petition.
The Petitioner’s failure to respond to the NOIR further complicated the case and led to the revocation of the petition.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not provided or mentioned in the decision.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
The Petitioner provided the labor certification and the initially approved Form I-140 petition, but these were insufficient to counter the issues raised in the NOIR.
Conclusion
Final Determination:
The appeal was denied, and the case was remanded to the Director of the Nebraska Service Center.
Reasoning:
The Petitioner failed to respond to the NOIR, leading to the revocation of the petition.
The petitioner’s involvement in fraudulent activities cast doubt on the validity of the petition.
The decision emphasized the importance of responding to NOIRs and maintaining transparency in immigration petitions.
This case highlights the critical need for petitioners to respond promptly to NOIRs and maintain ethical standards in immigration petitions, particularly in the EB-2 National Interest Waiver category. The involvement in fraudulent activities and failure to address the NOIR can significantly impact the outcome of the petition.
