Date of Decision: May 19, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Data Collection, Information Processing, and Application Software
Petitioner Information
Profession: Director of Sales, Europe
Field: Data Collection, Information Processing and Application Software
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: Petitioner provided evidence of an advanced degree or equivalent.
- Job Offer: Petitioner submitted an ETA Form 9089 indicating the job requires an advanced degree.
Criteria Not Met:
- Labor Certification: The labor certification indicated acceptance of an evaluation asserting the equivalency of the beneficiary’s foreign education, which did not meet the requirement for an advanced degree.
- Response to Requests for Evidence: Petitioner failed to submit all requested documentation, including resumes received in response to recruitment efforts and a signed recruitment report.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as a “Director of Sales, Europe,” focusing on data collection, information processing, and application software.
Substantial Merit and National Importance:
The AAO did not find substantial merit or national importance in the proposed endeavor due to insufficient evidence provided by the petitioner. Key quotes or references from the decision include the petitioner’s failure to demonstrate the beneficiary’s work would substantially benefit the United States.
Supporting Evidence:
The petitioner provided some documentation but failed to include critical elements like resumes from recruitment efforts and a signed recruitment report. Key quotes or references highlight the importance of complete documentation in the evaluation process.
Inconsistencies in Proposed Endeavor:
The petitioner’s intent regarding the minimum educational requirements for the job was inconsistent with the documentation provided, leading to the denial of the petition.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided
Advisory Letter: Not provided
Any Other Supporting Documentation: Not provided
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to provide requested documentation and inconsistencies in the labor certification requirements.
