Date of Decision: July 24, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petition Information
Profession: Technical Lead
Field: Information Technology Consulting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Documentation showing the Beneficiary’s qualifications in information technology consulting.
Evidence of a master’s degree in business administration with a focus on information technology.
Criteria Not Met:
The required five years of post-baccalaureate experience was not established.
The evidence provided did not demonstrate that the Beneficiary had completed all substantive requirements for his degree before the date the diploma was issued.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a Technical Lead, a role that involves significant responsibilities in information technology consulting.
Substantial Merit and National Importance:
The Petitioner provided evidence that the proposed endeavor has substantial merit and national importance. However, the decision did not highlight specific contributions or impacts at a national level.
Supporting Evidence:
The supporting evidence included the Beneficiary’s diploma, academic transcripts, and an affidavit from a former supervisor. However, discrepancies in the employment dates and the timing of the degree completion raised concerns.
Inconsistencies in Proposed Endeavor:
The appeal noted inconsistencies in the dates provided for the Beneficiary’s employment and the timeline of his degree completion. These inconsistencies were not sufficiently resolved with independent, objective evidence.
Supporting Documentation
Letters of Intent: Not provided.
Business Plan: Not applicable.
Advisory Letter: The Petitioner submitted a letter from the deputy registrar, but it was not deemed sufficient as an official academic record.
Any other supporting documentation: The documentation included conflicting dates regarding the Beneficiary’s employment history, which were not adequately addressed.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Beneficiary did not meet the requirement of five years of post-baccalaureate experience by the priority date. The Petitioner failed to provide an official academic record demonstrating that the Beneficiary completed all substantive requirements for his degree before the diploma was issued.
Download the Full Petition Review Here
In Re: U-1-, Inc., JUL242017_01B5203.pdf
