Date of Decision: AUG. 5, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Economics and Business
Petitioner Information
Profession: Economist
Field: Economics and Business
Nationality: Kazakhstan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Submitted evidence of an advanced degree
Criterion 2: Evaluation provided by [G-] Evaluation Services confirmed foreign degrees’ equivalence to U.S. degrees
Criteria Not Met:
Criterion 1: Lack of certified English translations for foreign documents
Criterion 2: Inconsistent evidence regarding work experience
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to continue working in his field in the United States, primarily within the freight trucking industry, as a business owner and head of marketing.
Substantial Merit and National Importance:
The petitioner did not demonstrate that his proposed endeavor has significant potential to impact U.S. interests or the financial industry more broadly at a level commensurate with national importance. His work is seen as having a limited impact beyond his future employer(s) and clients.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to provide sufficient evidence to show that waiving the labor certification process would substantially benefit the United States. There were unresolved inconsistencies in his work history and insufficient proof of the national importance of his proposed endeavor.
Supporting Evidence:
The petitioner’s supporting evidence included an educational credential evaluation, course transcripts, and a business plan, but lacked certified translations and clear documentation of his work experience.
Inconsistencies in Proposed Endeavor:
The petitioner’s work history provided in support of the petition was inconsistent with the history submitted in his nonimmigrant visa application, leading to questions about the reliability of his claims.
Supporting Documentation
Letters of Intent:
N/A
Business Plan:
The business plan outlined the petitioner’s intentions to operate a freight trucking service in the United States, highlighting his roles and experience in the industry in Kazakhstan.
Advisory Letter:
N/A
Any Other Supporting Documentation:
The educational credential evaluation by [G-] Evaluation Services concluded that the petitioner’s foreign degrees were equivalent to U.S. degrees, but lacked detailed supporting evidence and certified translations.
Conclusion
The appeal was remanded. The petitioner did not provide sufficient evidence to demonstrate eligibility for the EB-2 classification and failed to resolve inconsistencies in his work history.
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