Date of Decision: January 4, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
Profession: Business Manager
Field: Business Administration
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
[Criterion 1]:
The petitioner holds a Bachelor’s Degree in Mechanical Engineering and has at least five years of progressive experience in the specialty.
[Criterion 2]:
The petitioner also holds a post-graduate certificate in Business Administration.
Criteria Not Met:
[Criterion 1]:
The Director noted that the evaluation of the petitioner’s foreign degree in mechanical engineering appears to be dissimilar to the business administration focus of the proposed endeavor.
[Criterion 2]:
The regulations require a qualifying degree and experience to be in the specialty, which was not fully addressed in the petitioner’s academic credentials as evaluated.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s proposed endeavor involves business administration, focusing on areas relevant to business management. However, the petitioner’s academic background and professional experience, as detailed, showed a stronger link to mechanical engineering rather than business administration.
Substantial Merit and National Importance:
The Director’s decision did not conclusively address whether the petitioner’s proposed endeavor in business management demonstrated substantial merit and national importance. The analysis did not align with the requirements set forth in the Matter of Dhanasar.
Supporting Evidence:
The petitioner submitted an evaluation of their academic credentials, which included a Bachelor’s Degree in Mechanical Engineering and a post-graduate certificate in Business Administration. The evaluation, however, did not adequately connect the petitioner’s qualifications to the business management specialty required for the National Interest Waiver.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was between the petitioner’s degree in mechanical engineering and the proposed business administration endeavor. The record showed a lack of substantial overlap or direct relation between the petitioner’s academic and professional background and the proposed field of expertise.
Supporting Documentation
Letters of Intent:
The petitioner’s file may include letters of intent which were not detailed in the document provided.
Business Plan:
Details of the business plan were not included in the document provided but are typically required to establish the petitioner’s plans and the significance of their proposed endeavor.
Advisory Letter:
The document did not specify an advisory letter, which might have supported the petitioner’s claims about their qualifications and proposed endeavor.
Any other supporting documentation:
The record may contain additional supporting documents which were not elaborated upon in the document provided.
Conclusion
Final Determination:
The Director’s decision was withdrawn, and the matter was remanded for a new decision. The remand was based on the need for a clearer establishment of the petitioner’s eligibility for the underlying classification as a member of the professions holding an advanced degree.
Reasoning:
The key reasons for remanding the case included the insufficient connection between the petitioner’s mechanical engineering degree and the business administration focus of their proposed endeavor. The Director’s initial analysis did not adequately address whether the petitioner’s qualifications met the specialty requirements under the regulations.
Next Steps:
The Director is to request any additional evidence deemed necessary to determine the petitioner’s eligibility for the advanced degree classification and provide a new decision accordingly. The petitioner should prepare to submit further documentation that clarifies the connection between their qualifications and the proposed field of expertise.
