Date of Decision: January 5, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Solutions Architecture
Petitioner Information
Profession: Solutions Architect
Field: Computer Science, Computer Engineering, Information Technology (IT), or related fields
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Required Degree:
The petitioner provided an evaluation of the beneficiary’s Indian bachelor’s degree in IT, stating it is equivalent to a U.S. bachelor’s degree in IT. However, the labor certification specified that a U.S. bachelor’s degree was required, and the petitioner had marked that a foreign equivalent was not acceptable.
Criteria Not Met:
Required Employment Experience:
The petitioner failed to demonstrate that the beneficiary had the required seven years of experience in the specified roles. The submitted letters did not adequately cover all the required experience or the necessary skills.
Required Technological Skills:
The submitted letters did not specify the duration of the beneficiary’s experience with each of the required technological skills (Guidewire application, Gosu programming language, Java server-side programming, Git/Jenkins, and SOAP/Restful Web Services).
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to employ the beneficiary as a solutions architect. The position required an advanced degree or its equivalent and seven years of specific professional experience.
Substantial Merit and National Importance:
The decision did not provide specific findings regarding the substantial merit and national importance of the proposed endeavor due to the primary focus on the deficiencies in meeting the required qualifications.
Supporting Evidence:
Letters of Intent: The petitioner did not submit adequate letters of intent.
Business Plan: Not applicable or not provided.
Advisory Letters: Not applicable or not provided.
Other Supporting Documentation: The provided employment verification letters were insufficient as they did not clearly demonstrate the required experience and skills.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the petitioner’s claim of a typographical error regarding the acceptance of a foreign degree, which was not substantiated by independent evidence.
Supporting Documentation
Letters of Intent:
Not provided or not applicable.
Business Plan:
Not provided or not applicable.
Advisory Letter:
Not provided or not applicable.
Other Supporting Documentation:
Employment verification letters were provided, but some did not match the details on the labor certification or lacked sufficient information to verify the claimed experience and skills.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to demonstrate the beneficiary’s possession of the required U.S. bachelor’s degree or seven years of experience in the specified roles and skills. The labor certification’s clear language regarding the non-acceptance of foreign degrees was upheld. The petitioner did not provide sufficient evidence to amend or interpret the labor certification differently.
Next Steps:
For future filings, the petitioner should:
Ensure that the labor certification accurately reflects the job requirements and acceptable qualifications.
Provide clear and detailed evidence of the beneficiary’s qualifications, including specific experience with required skills.
Address any discrepancies or errors in the labor certification with the appropriate authorities before submission.
This case underscores the importance of accurate and comprehensive documentation in immigration petitions, particularly for advanced degree professionals seeking a National Interest Waiver.
