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 Technology
Petitioner Information
Profession: Software QA Engineer
Field: Computer Science and Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Educational Equivalence: The Beneficiary holds a Bachelor of Engineering degree in Computer Science and Engineering from an Indian institution, which is equivalent to a U.S. bachelor’s degree.
Criteria Not Met:
None identified, as the appeal successfully demonstrated the Beneficiary’s qualifications.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an information management company, sought to employ the Beneficiary as a Software QA Engineer. The Beneficiary’s proposed endeavor involved leveraging his expertise in software quality assurance to improve and ensure the quality of software products developed by the company.
Substantial Merit and National Importance:
Merit and Importance: The appeal review acknowledged the substantial merit and national importance of the Beneficiary’s role in software quality assurance, which is critical for maintaining high standards in software development and information management.
Key Quotes: “We find that the four years of transcripts followed by the certificate issued by [the university] on September 22, 2003, certifying that the Beneficiary ‘qualified for the Degree of Bachelor of Engineering’ by virtue of the examination he passed in September/October 2001, affirmed that the Beneficiary had completed all substantive requirements for the degree and that the university approved the degree.”
Supporting Evidence:
Degree Certificate: Issued on September 22, 2003, confirming that the Beneficiary qualified for the Bachelor of Engineering degree.
Transcripts: Provided evidence of the Beneficiary’s completion of all coursework and examinations for the four-year degree program in engineering during 1998-2001.
Letter from Principal: Dated June 8, 2017, confirming that the Beneficiary was a student during 1997-2001 and had earned the degree by passing the required examinations in September/October 2001.
Inconsistencies in Proposed Endeavor:
There were no noted inconsistencies in the proposed endeavor, as the supporting documentation aligned with the requirements for the EB-2 NIW classification.
Supporting Documentation
Letters of Intent:
Not specifically detailed in the decision.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not specifically detailed in the decision.
Any Other Supporting Documentation:
The Petitioner provided necessary documentation, such as the degree certificate and transcripts, to substantiate the Beneficiary’s qualifications and experience.
Conclusion
The appeal was approved. The Petitioner successfully demonstrated that the Beneficiary met the necessary requirements for the EB-2 NIW classification, particularly through the recognition of the degree completion date as evidenced by the provisional certificate and supporting transcripts.
