Date of Decision: August 15, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Civil Engineering
Petitioner Information
Profession: Civil Engineer
Field: Civil Engineering
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Not specified
Criterion 2: Not specified
Criteria Not Met:
Criterion 1: The labor certification did not require a bachelor’s degree and five years of experience, which are the minimum requirements for classification as an advanced degree professional.
Criterion 2: The petition was incorrectly classified as a request for advanced degree professional rather than professional classification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a civil engineer.
Substantial Merit and National Importance:
The Petitioner mistakenly designated the petition as a request for advanced degree professional classification rather than professional classification. The labor certification only required a bachelor’s degree and three years of experience, which does not meet the criteria for an advanced degree professional.
Supporting Evidence:
The labor certification specified a bachelor’s degree in Civil Engineering and three years of experience in the job offered. The petition did not meet the advanced degree professional requirements because it did not require a bachelor’s degree and five years of experience.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the incorrect classification of the petition, which was noted as a typographical error by the Petitioner. The petition sought classification as an advanced degree professional, but the labor certification did not support this classification.
Supporting Documentation
Letters of Intent:
Not specified in the document.
Business Plan:
Not specified in the document.
Advisory Letter:
Not specified in the document.
Any other supporting documentation:
Not specified in the document.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The labor certification did not meet the requirements for the advanced degree professional classification. The petition incorrectly sought classification in a category for which the Beneficiary did not qualify, as the labor certification required only a bachelor’s degree and three years of experience, not the required five years of experience for an advanced degree professional. Thus, the petition was not supported by a valid labor certification and was denied accordingly.
