Date of Decision: NOV. 09, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Mental Health Services
Petitioner Information
Profession: Bilingual Therapist
Field: Counseling
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Master’s Degree: The petitioner provided evidence of a foreign degree equivalent to a U.S. bachelor’s and master’s degree in psychology.
Criteria Not Met:
Advanced Degree Requirement: The petitioner’s degree was found to be equivalent to a U.S. bachelor’s degree, not a master’s degree, as per EDGE evaluation.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a bilingual therapist, focusing on mental health services.
Substantial Merit and National Importance:
The proposed endeavor was deemed beneficial to the community but did not meet the educational requirements necessary for the advanced degree classification.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petition failed to demonstrate that the beneficiary’s foreign degree met the U.S. master’s degree equivalency, which is crucial for the waiver request.
Supporting Evidence:
Credential Evaluation:
The petitioner submitted a credential evaluation from World Education Services asserting the beneficiary’s degree was equivalent to a U.S. master’s degree.
Experience and Licenses:
The petitioner provided work experience letters, a State of Utah license as a clinical mental health counselor, and other certifications.
Inconsistencies in Proposed Endeavor:
The evidence provided did not align with the requirements set forth by the labor certification. The foreign degree did not match the U.S. master’s degree equivalency needed for the advanced degree professional classification.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
The petitioner submitted letters indicating the beneficiary’s qualifications but failed to address the discrepancies with EDGE’s evaluation.
Any Other Supporting Documentation:
Additional training certificates and experience letters were provided but did not meet the necessary criteria.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not provide sufficient evidence that the beneficiary’s foreign degree was equivalent to a U.S. master’s degree, a critical requirement for the EB-2 classification.
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