Date of Decision: November 3, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development and Consulting
Petitioner Information
Profession: Systems Analyst
Field: Software Development, Systems Analysis
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional Classification: The petitioner demonstrated that the proffered position qualifies for advanced degree professional classification under the terms of the labor certification. The beneficiary met the educational requirement with a bachelor’s degree and over five years of progressive post-baccalaureate experience in suitable software development occupations.
Criteria Not Met:
- None mentioned specifically.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as a systems analyst to support their software development and consulting business.
Substantial Merit and National Importance:
The petitioner demonstrated that the beneficiary’s role and expertise in systems analysis and software development hold substantial merit and national importance, given the beneficiary’s qualifications and experience.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued successfully that employing the beneficiary would contribute to the United States’ software development and consulting industry. The beneficiary’s qualifications and experience justified waiving the labor certification process.
Supporting Evidence:
The petitioner provided substantial documentation including:
- The beneficiary’s academic records showing a bachelor’s degree in computer science and engineering.
- Evidence of over five years of progressive post-baccalaureate experience in software development.
- Recruitment materials and a PERM Audit Report confirming the required experience and qualifications.
Inconsistencies in Proposed Endeavor:
None noted in the final decision.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided evidence that the beneficiary met the educational and experience requirements.
Any Other Supporting Documentation:
Included recruitment materials and a PERM Audit Report which aligned with the job requirements stated in the labor certification.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The petitioner demonstrated that the beneficiary met the educational and experience requirements for advanced degree professional classification. Additionally, the petitioner established that both the intent to employ the beneficiary and the qualifications were accurately represented, justifying the reinstatement of the labor certification’s validity.
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