Date of Decision: AUG. 31, 2022
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: Technical Architect
Field: Information Technology
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The petitioner successfully demonstrated that the beneficiary holds an advanced degree and meets the criteria for this classification.
- Labor Certification Compliance: The petitioner provided evidence that the language used in H.14 of the labor certification did not alter the minimum requirements and was consistent with the requested classification.
Criteria Not Met:
- None: The appeal review did not find any unmet criteria that would continue to support the initial denial.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a Technical Architect, a position that requires specialized knowledge and advanced technical skills in information technology.
Substantial Merit and National Importance:
The role of Technical Architect in the petitioner’s information technology company is of substantial merit and national importance due to the advanced technical expertise required and the critical nature of the projects the beneficiary will undertake.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The decision found that waiving the labor certification requirements is beneficial as the beneficiary’s advanced skills and role in significant IT projects contribute positively to national interests.
Supporting Evidence
Supporting Documentation:
- Appeal Brief: Detailed arguments and evidence provided by the petitioner demonstrating compliance with labor certification requirements.
- Labor Certification: Documentation confirming the advanced degree and specific technical qualifications of the beneficiary.
Conclusion
Final Determination: The appeal was approved. The petitioner successfully demonstrated that the language in the labor certification did not alter the minimum requirements and that the beneficiary meets the criteria for an advanced degree professional.
Reasoning: The key reason for approval was the successful demonstration of compliance with labor certification language requirements and the beneficiary’s qualifications.
Download the Full Petition Review Here
