Date of Decision: December 7, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Software Solutions
Petitioner Information
Profession: Software Engineer
Field: Information Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Labor Certification Requirement:
The Beneficiary met the labor certification’s requirement of two years of work experience.
Criteria Not Met:
Minimum Education Requirement:
The Beneficiary did not meet the minimum educational requirement of a U.S. master’s degree or a foreign equivalent.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to employ the Beneficiary as a software engineer, claiming his qualifications met the requirements for an advanced degree professional under EB-2 classification.
Substantial Merit and National Importance:
The analysis focused on whether the Beneficiary’s qualifications and the proposed position met the substantial merit and national importance criteria, but this was not adequately demonstrated.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The findings did not support that waiving the labor certification requirements would be beneficial due to the deficiencies in the Beneficiary’s qualifications.
Supporting Evidence:
The Petitioner provided diplomas, academic transcripts, and evaluations of the Beneficiary’s foreign educational credentials, but these were found insufficient to establish the required equivalence to a U.S. master’s degree.
Inconsistencies in Proposed Endeavor:
Inconsistencies were noted in the educational equivalency evaluations and the labor certification requirements, leading to the denial of the petition.
Supporting Documentation
Letters of Intent:
Not Applicable
Business Plan:
Not Applicable
Advisory Letter:
Not Applicable
Any Other Supporting Documentation:
The evaluations from various educational credential services did not convincingly demonstrate that the Beneficiary’s qualifications were equivalent to a U.S. master’s degree.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not demonstrate that the Beneficiary met the minimum educational requirements or the advanced degree professional classification criteria.
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