Date of Decision: December 29, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Services
Petitioner Information
Profession: Technology Architect
Field: Information Technology Services
Nationality: India
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Labor Certification Reinstatement: The labor certification was reinstated due to a lack of willful misrepresentation of a material fact involving the accompanying labor certification.
- Eligibility for Classification: The petitioner’s actions were consistent with eligibility requirements despite initial findings.
Criteria Not Met:
- Bona Fides of Job Opportunity: The job opportunity’s legitimacy was questioned due to the familial relationship between the petitioner’s president and the beneficiary.
- Beneficiary’s Qualifying Experience: The documentation provided did not fully establish the beneficiary’s qualifying experience as required.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a technology architect, responsible for designing and developing data warehouse architecture and solutions.
Substantial Merit and National Importance:
The endeavor was found to have substantial merit and national importance due to the significant role of information technology services in the economy and the advancement of technology.
Supporting Evidence:
- Letters of Intent: Provided letters of intent detailing the proposed work and its impact.
- Advisory Letters: Included advisory letters supporting the merit and importance of the proposed endeavor.
Inconsistencies in Proposed Endeavor:
- There were inconsistencies noted regarding the beneficiary’s qualifying experience and the bona fides of the job opportunity.
Supporting Documentation
Letters of Intent:
- Detailed the beneficiary’s responsibilities and the anticipated impact of his work in technology architecture.
Business Plan:
- Provided a comprehensive business plan outlining the petitioner’s strategy and the beneficiary’s role in it.
Advisory Letters:
- Advisory letters highlighted the importance of the beneficiary’s work and its alignment with national interests.
Any other supporting documentation:
- Additional documents included detailed resumes, project descriptions, and evidence of past achievements in the field of information technology.
Conclusion
Final Determination: The appeal was remanded for further proceedings.
Reasoning: The remand was based on the need for further evidence to establish the bona fides of the job opportunity, the beneficiary’s qualifying experience, and the petitioner’s ability to pay the proffered wage.
