Date of Decision: August 30, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Architecture
Petitioner Information
Profession: Assistant Professor of Architecture
Field: Architecture
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner did not meet the necessary criteria to demonstrate that the position required an advanced-degree professional or that the Beneficiary possessed the required qualifications.
Criteria Not Met:
Labor Certification Requirements: The labor certification did not demonstrate that the job required an advanced-degree professional.
Beneficiary’s Qualifications: The Petitioner did not establish that the Beneficiary possessed the required qualifications for the offered position.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a public university, sought to employ the Beneficiary as an assistant professor of architecture. The petition was intended to secure lawful permanent resident status for the Beneficiary based on her advanced degree and professional experience.
Substantial Merit and National Importance:
The decision does not specifically address the merit or importance of the proposed endeavor due to the failure to meet other key criteria, such as the validity of labor certification and the Beneficiary’s qualifications.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not provide sufficient evidence to demonstrate that the position required an advanced-degree professional or that the Beneficiary possessed the required qualifications, making it difficult to waive the Labor Certification requirements.
Supporting Evidence:
The Petitioner submitted copies of advertisements indicating that the position requires at least a master’s degree and asserted that the labor certification inadvertently misstated the job’s alternate requirements. However, this evidence was insufficient to establish the job’s need for an advanced-degree professional or the Beneficiary’s qualifications.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor. The primary issue was the lack of sufficient evidence to support the Petitioner’s claims regarding the job requirements and the Beneficiary’s qualifications.
Supporting Documentation
Letters of Intent:
No specific letters of intent were summarized in the decision.
Business Plan:
No specific business plan was summarized in the decision.
Advisory Letter:
No specific advisory letters were summarized in the decision.
Any Other Supporting Documentation:
The Petitioner provided advertisements for the position and a letter from a school director but did not submit sufficient documentation to establish the Beneficiary’s qualifications or the job’s need for an advanced-degree professional.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish that the labor certification demonstrated the job’s need for an advanced-degree professional or that the Beneficiary possessed the required qualifications. As a result, the appeal was dismissed.