Date of Decision: March 26, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Recruitment Management
Petitioner Information
Profession: Associate Manager-Recruiting
Field: Recruitment Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed as Moot
Evidentiary Criteria Analysis
Criteria Met:
- Labor Certification: The initial labor certification was certified by the U.S. Department of Labor on September 22, 2006.
- Degree Requirements: Initially, the decision was withdrawn because it was found that an alien’s degree need not be in a specific field related to an occupation to be classified as a professional or advanced degree professional under the Act.
Criteria Not Met:
- Educational and Experience Requirements: The Director found that the beneficiary did not meet the minimum educational and experience requirements on the labor certification.
- Successor-in-Interest: The Director determined that the petitioner, [Successor Company], was not adequately established as the successor-in-interest to [Original Company].
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to employ the beneficiary as an “Associate Manager-Recruiting” in their software development and consulting company in New Jersey.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor had substantial merit in the field of recruitment management. However, the initial petition did not clearly demonstrate the substantial merit and national importance due to discrepancies in the beneficiary’s qualifications and the company’s status.
Supporting Evidence:
The evidence provided included:
- ETA Form 9089, Application for Permanent Employment Certification
- Documentation addressing the Notice of Derogatory Information (NDI)
- Evidence of the company’s ability to pay the proffered wage
Inconsistencies in Proposed Endeavor:
- Employment Verification: Evidence raised doubts about the actual employment at the petitioner’s place of business.
- Proffered Wage: Changes in the proffered wage reduced the job offer’s validity as per the initial labor certification.
Supporting Documentation
Letters of Intent:
Provided as part of the response to the NDI, addressing employment verification and the ability to pay the wage.
Business Plan:
Not specifically mentioned in the provided decision summary.
Advisory Letter:
Not specifically mentioned in the provided decision summary.
Any Other Supporting Documentation:
Additional documentation was provided addressing the acquisition of the petitioner by a successor company.
Conclusion
The appeal was dismissed as moot. The petitioner had already obtained employment-based immigrant status for the beneficiary in a similar job classification through a subsequent petition filed in 2011, which was approved in January 2015. This approval superseded the denial of the initial petition.
