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: Sustained
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The Petitioner provided sufficient evidence that the Beneficiary holds an advanced degree necessary for the classification.
- Labor Certification Requirements: The language used in the labor certification does not alter the minimum requirements and supports the requested classification of an advanced degree professional.
Criteria Not Met:
- None: All necessary criteria were met upon de novo review.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary is employed as a technical architect, which involves the design and implementation of complex IT systems.
Substantial Merit and National Importance:
The role of a technical architect is critical to the development and maintenance of advanced information technology systems, which have substantial merit and national importance due to their impact on various industries and sectors.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The review determined that the language in the labor certification met the regulatory requirements and did not lower the job’s minimum qualifications. The role’s substantial merit and national importance justified waiving the labor certification requirements.
Supporting Evidence:
The Petitioner submitted an appeal brief and supporting evidence demonstrating that the language in the labor certification was consistent with the classification request and did not alter the minimum job requirements.
Supporting Documentation
Letters of Intent:
N/A
Business Plan:
N/A
Advisory Letter:
N/A
Any Other Supporting Documentation:
The Petitioner provided sufficient documentation to demonstrate compliance with the regulatory requirements.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner successfully demonstrated that the labor certification’s language did not alter the job’s minimum requirements and supported the requested classification of an advanced degree professional.
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