Date of Decision: May 18, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Environmental/Product Certification
Petitioner Information
Profession: Chemist
Field: Environmental/Product Certification
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded for further consideration
Evidentiary Criteria Analysis
Criteria Met:
Exceptional Ability: The Petitioner presented evidence that the Beneficiary might qualify as an alien of exceptional ability, a category under the EB-2 classification.
Criteria Not Met:
Advanced Degree Requirement: The initial petition was denied because the Petitioner did not establish that the Beneficiary holds a U.S. baccalaureate degree or a foreign equivalent degree, which is the minimum educational requirement for classification as an advanced degree professional.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an environmental/product certification company, seeks to employ the Beneficiary as a chemist. The Beneficiary’s proposed endeavor involves utilizing advanced chemical analysis and certification processes to enhance environmental safety and product standards.
Substantial Merit and National Importance:
Merit and Importance: The appeal review emphasized the importance of the Beneficiary’s role in ensuring environmental safety and compliance, which has substantial merit and national importance.
Key Quotes: “The Petitioner did not state that it was seeking EB-2 classification under one category, but not the other, when it filed the petition.”
Supporting Evidence:
Exceptional Ability Documentation: On appeal, the Petitioner submitted additional evidence and a brief supporting the assertion that the Beneficiary qualifies as an alien of exceptional ability.
Initial Petition Materials: The initial evidence indicated the intent to request classification of the Beneficiary under the exceptional ability category, although this was not explicitly stated in the Form I-140.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor. The primary issue was the initial categorization of the petition and the subsequent focus on advanced degree qualifications without consideration of the exceptional ability category.
Supporting Documentation
Letters of Intent:
Not specifically detailed in the decision.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not specifically detailed in the decision.
Any Other Supporting Documentation:
The Petitioner provided additional evidence on appeal to support the classification under the exceptional ability category.
Conclusion
The appeal was remanded for further consideration. The Petitioner successfully demonstrated that the Beneficiary might qualify for the EB-2 classification as an alien of exceptional ability, warranting further review and a new decision by the Director.
