Date of Decision: November 20, 2015
Service Center: Texas 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: Software Engineering
Nationality: India
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The Petitioner provided evidence of the Beneficiary’s advanced degree in computer science, indicating their qualifications in software engineering.
- Criterion 2: The Beneficiary’s proposed endeavor in software development was argued to have substantial merit and national importance.
Criteria Not Met:
- Criterion 1: The Beneficiary’s educational qualifications were not found to meet the advanced degree requirement as per the USCIS evaluation guidelines.
- Criterion 2: The labor certification did not accept the combination of education and experience that the Petitioner argued for.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed employing the Beneficiary as a software engineer, emphasizing the critical need for his expertise in developing innovative software solutions. The proposed activities included working on cutting-edge software development projects aimed at improving business operations and contributing to technological advancements.
Substantial Merit and National Importance:
The USCIS acknowledged the substantial merit and national importance of the software engineering field. However, they highlighted that the Petitioner failed to sufficiently demonstrate how the Beneficiary’s specific contributions would meet these standards.
- Key Quote: “The labor certification does not allow for an equivalency based on a combination of education and experience.”
Supporting Evidence:
The Petitioner submitted various supporting documents, including the Beneficiary’s academic degrees, letters of intent, and a business plan outlining the proposed software projects.
- Key Quote: “The Director concluded that the Beneficiary’s three-year Bachelor’s degree coupled with his two-year Master’s degree was the equivalent of a U.S. Bachelor’s degree rather than the Master’s degree required by the labor certification.”
Inconsistencies in Proposed Endeavor:
The review identified inconsistencies in the Petitioner’s arguments regarding the equivalency of the Beneficiary’s educational qualifications to a U.S. advanced degree. The Petitioner’s reliance on outdated evaluation data and failure to align with the USCIS’s credential evaluation standards were notable issues.
Supporting Documentation
Letters of Intent:
The letters of intent provided by the Petitioner highlighted the potential impact of the Beneficiary’s work in software engineering but did not adequately address the specific advanced degree requirement.
Business Plan:
The business plan detailed the Beneficiary’s proposed software projects, emphasizing their innovation and potential market impact. However, it did not sufficiently bridge the gap in meeting the labor certification’s educational requirements.
Advisory Letter:
An advisory letter from an educational credential evaluator supported the Petitioner’s claim regarding the Beneficiary’s qualifications. However, the USCIS found the evaluation lacking in comprehensive analysis and adherence to their standards.
Any other supporting documentation:
The additional documentation included project descriptions and market analysis reports, which underscored the relevance of the Beneficiary’s expertise but fell short in meeting the educational criteria.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner’s failure to demonstrate that the Beneficiary met the advanced degree requirement as per the labor certification and USCIS standards.
Reasoning: The decision emphasized the USCIS’s reliance on EDGE’s credential evaluation, highlighting the discrepancies between the Petitioner’s claims and the evidence provided.
- Summary of Key Reasons: The Beneficiary’s combination of a three-year Bachelor’s degree and a two-year Master’s degree was not deemed equivalent to a U.S. Master’s degree, a critical requirement for the advanced degree classification under EB-2 NIW.
