Date of Decision: November 29, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Software Engineer
Field: Information Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Educational Qualifications: The Beneficiary met the educational requirements with a master’s degree in a relevant field.
Criteria Not Met:
Qualifying Experience: The Beneficiary did not gain the required qualifying experience in a substantially different role from the offered position.
Ability to Pay: The Petitioner did not demonstrate its continuing ability to pay the proffered wage from the priority date onward.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an IT staffing and consulting services provider, seeks to employ the Beneficiary as a software engineer.
Substantial Merit and National Importance:
The role of a software engineer in IT consulting holds substantial merit and national importance, contributing to advancements in technology and business solutions.
Supporting Evidence:
The Petitioner provided various letters, job descriptions, and organizational charts to support the claim of qualifying experience. However, discrepancies and inconsistencies in job duties descriptions undermined the evidence.
Financial documents, including annual reports and federal income tax returns, were either insufficient or missing, leading to questions about the ability to pay the proffered wage.
Inconsistencies in Proposed Endeavor:
The Petitioner’s descriptions of the Beneficiary’s job duties contained inconsistencies, casting doubt on the substantial difference between the current and offered positions.
Supporting Documentation
Letters of Intent:
The Petitioner submitted multiple letters from corporate officers, but these were inconsistent and insufficient to establish the required experience and financial capacity.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any Other Supporting Documentation:
Organizational charts and job descriptions provided did not adequately differentiate between the Beneficiary’s current and offered roles.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner failed to provide consistent, reliable evidence to demonstrate the Beneficiary’s qualifying experience and the company’s ability to pay the proffered wage. Discrepancies in job descriptions and a lack of financial documentation were significant factors in the decision.
