Date of Decision: April 28, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Not Specified
Petitioner Information
Profession: Not Specified
Field: Not Specified
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The beneficiary possesses the foreign equivalent of a U.S. bachelor’s degree and has the required five years of post-baccalaureate progressive work experience in the specified position.
- Experience: The beneficiary has the required five years of progressive experience in the specialty from the date that the beneficiary’s foreign equivalent baccalaureate degree was conferred.
Criteria Not Met:
- Initial Evidence: The initial evidence did not establish that the beneficiary possessed an advanced degree as required by 8 U.S.C. § 1153(b)(2) and by the approved labor certification.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to classify the beneficiary as a Member of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability. The beneficiary’s proposed endeavor involves utilizing their advanced degree and significant work experience to contribute to their field of expertise.
Substantial Merit and National Importance:
The decision acknowledged the substantial merit and national importance of the beneficiary’s qualifications and proposed endeavor. The beneficiary’s advanced degree and progressive work experience were considered valuable to the U.S.
Supporting Evidence:
- Letters of Intent: The record included letters of intent supporting the petitioner’s claims regarding the beneficiary’s qualifications and the importance of their proposed endeavor.
- Advisory Letters: Several advisory letters corroborated the beneficiary’s qualifications and the merit of their proposed endeavor.
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
The letters of intent highlighted the beneficiary’s qualifications and the substantial merit of their proposed endeavor.
Advisory Letters:
The advisory letters provided additional evidence supporting the beneficiary’s qualifications and the importance of their proposed endeavor.
Conclusion
The appeal was sustained, and the petition was approved. The petitioner successfully demonstrated that the beneficiary possessed an advanced degree and met the required experience criteria, justifying the approval of the EB-2 NIW petition.
