EB-2 NIW USCIS Appeal Review – Software Quality Analyst and Tester – Brazil – JAN252024_07B5203

Date of Decision: January 25, 2024
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 Quality Analyst and Tester
Field: Information Technology
Nationality: Brazilian

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Evidentiary Criteria Analysis

Criteria Met:

  • Criterion 1: None (Petitioner did not meet the required three of six criteria)
    Criteria Not Met:
  • Criterion 1: Failure to meet three criteria as required for demonstrating exceptional ability
  • Criterion 2: Insufficient evidence for educational equivalency as an advanced degree professional

Key Points from the Decision

Proposed Endeavor:
The petitioner proposed to continue his work in the field of software quality analysis and testing, contributing to the technological sector.

Substantial Merit and National Importance:
The appeal lacked sufficient new evidence to reconsider the national interest waiver, failing to convincingly argue the substantial merit and national importance of the proposed endeavor.

Supporting Evidence:
The petitioner submitted a credential evaluation and past work experience documents, which were found insufficient and not meeting the necessary standards to equate to a U.S. bachelor’s degree or higher.

Inconsistencies in Proposed Endeavor:
The evidence and credentials provided were deemed inconsistent and not credible enough to support the claims made in the endeavor.

Supporting Documentation

Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: An expert opinion letter was referenced, but it did not significantly support the case.
Any other supporting documentation: Not provided with substantial new evidence for the appeal.

Conclusion

Final Determination: The petitioner’s appeal is dismissed, maintaining the initial denial due to unmet EB-2 classification requirements and insufficient justification for a national interest waiver.
Reasoning: The appeal failed to overturn any initial findings or provide compelling new evidence that would merit a different outcome. The documentation and evidence provided did not satisfactorily demonstrate eligibility for the EB-2 classification or justify a national interest waiver.

Download the Full Petition Review Here

Igbo Clifford
Igbo Clifford

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