Date of Decision: March 9, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Orthopedics Practice
Petitioner Information
Profession: Business Development Specialist
Field: Economics
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Beneficiary’s Qualifications
The Beneficiary holds the foreign equivalent degree to a U.S. master’s degree in economics, as required by the labor certification.
Compliance with Labor Certification Requirements
The Petitioner demonstrated that the Beneficiary met all the requirements set forth in the labor certification by the priority date of the petition.
Criteria Not Met:
No unmet criteria were specified in the decision
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a business development specialist in the orthopedics practice, which requires a U.S. master’s or foreign equivalent degree in economics.
Substantial Merit and National Importance:
The Petitioner demonstrated the Beneficiary’s qualifications and compliance with the labor certification requirements, indicating substantial merit and national importance of the proposed employment.
Supporting Evidence:
The Petitioner submitted additional evidence and a brief on appeal, establishing the Beneficiary’s degree as the foreign equivalent to a U.S. master’s in economics.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation:
Additional evidence and brief submitted on appeal demonstrating the Beneficiary’s qualifications.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
Reasoning:
The Petitioner successfully demonstrated that the Beneficiary holds the foreign equivalent of a U.S. master’s degree in economics, meeting the labor certification requirements.
