Date of Decision: November 27, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Management
Petitioner Information
Profession: Software QA Engineer
Field: Information Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Educational Qualification: The Petitioner established that the Beneficiary’s foreign bachelor’s degree is equivalent to a U.S. bachelor’s degree, thus meeting the minimum educational requirement for classification as an advanced degree professional.
Criteria Not Met:
None identified as unmet.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as a Software QA Engineer, providing services in information management.
Substantial Merit and National Importance:
Educational Qualification: The Director initially denied the petition, stating that the Beneficiary did not establish the possession of a bachelor’s degree. However, on appeal, the Petitioner provided substantial evidence showing that the Beneficiary had completed all requirements and had been awarded a Bachelor of Engineering degree from a university in India, equivalent to a U.S. bachelor’s degree.
Supporting Evidence:
Degree Certificate and Transcripts: The Petitioner submitted a certificate dated September 22, 2003, confirming that the Beneficiary had qualified for the Bachelor of Engineering degree after passing the examinations held in September/October 2001. The transcripts from the university showed completion of the required coursework and examinations.
Verification Letter: A letter from the principal of the affiliated college confirmed that the Beneficiary had earned the degree and clarified the language on the certificate.
Inconsistencies in Proposed Endeavor:
None identified.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
Not provided.
Conclusion
Final Determination: The appeal was sustained.
Reasoning:
The Petitioner successfully demonstrated that the Beneficiary had been awarded a foreign bachelor’s degree equivalent to a U.S. bachelor’s degree, thus meeting the educational requirement for the EB-2 advanced degree professional classification.
