Date of Decision: March 2, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education Administration
Petitioner Information
Profession: Education Administrator
Field: Business Administration
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Professional Qualification: The Petitioner provided evidence of the Beneficiary earning a Master of Business Administration degree.
Criteria Not Met:
Accreditation of Degree: The Director concluded that the Beneficiary’s degree is not from an accredited institution and therefore does not qualify as a United States academic or professional degree or a foreign equivalent degree.
Minimum Requirements: The Beneficiary does not meet the minimum requirements of the offered position as stated on the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an education center, seeks to employ the Beneficiary as an education administrator, requiring a master’s degree in business administration.
Substantial Merit and National Importance:
The Beneficiary’s proposed endeavor in education administration has merit, but the Director determined that the degree provided did not meet the accreditation standards necessary for the EB-2 classification.
Supporting Evidence:
The Petitioner provided evidence of the Beneficiary’s education and experience, but the degree was from an unaccredited institution, which does not meet the federal requirements for an advanced degree under EB-2 classification.
Inconsistencies in Proposed Endeavor:
The Petitioner argued that state approval by the California Bureau for Private Postsecondary Education (BPPE) should be considered equivalent to accreditation by a regional accrediting agency approved by the U.S. Department of Education. However, this was not accepted as BPPE oversight does not confer the same nationwide recognition.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
The Petitioner mentioned that the institution was in the process of seeking accreditation at the time of the appeal, but this does not retroactively confer accreditation on the degree earned by the Beneficiary.
Any other supporting documentation:
The Petitioner included arguments and evidence related to state approval and pending accreditation but did not demonstrate that the degree met the federal requirements at the time of the filing.
Conclusion
Final Determination: The appeal was dismissed due to the Beneficiary not meeting the accreditation requirements for an advanced degree under the EB-2 classification.
Reasoning: The Beneficiary’s degree was not issued by an accredited college or university in the United States, and she does not hold a foreign degree equivalent to such a degree. Therefore, she does not meet the minimum requirements of the offered position as stated on the labor certification.
