Date of Decision: May 9, 2022
Service Center: Texas 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: Education Administration
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Record: The Petitioner submitted a diploma in social communication from the School of Social Communication in 1996, establishing this regulatory criterion.
- Membership in Professional Associations: Evidence of membership in the Associacao Brasileira de Educacao a Distancia (ABED) met this criterion.
Criteria Not Met:
- Full-time Experience: The Petitioner did not provide sufficient evidence of at least ten years of full-time experience in the occupation sought.
- Salary or Remuneration: The record lacked sufficient evidence to establish the Petitioner’s remuneration was comparable to wage surveys, which were only partially translated and thus not in compliance.
- Recognition for Achievements: Letters of reference did not establish significant contributions to the industry or field.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to advance the field of education administration through various executive positions and educational initiatives.
Substantial Merit and National Importance:
The proposed endeavor did not sufficiently demonstrate substantial merit or national importance. The inconsistencies in the Petitioner’s work history and lack of detailed evidence weakened the case.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The findings did not support waiving the labor certification process as the Petitioner did not demonstrate the necessary qualifications of an advanced degree professional or individual of exceptional ability.
Supporting Evidence:
- Academic Evaluations: Two evaluations deemed the Petitioner’s foreign degrees and work experience as equivalent to a master’s degree in education administration.
- Employment Letters: Letters from previous employers lacked sufficient detail to establish progressive work experience.
- Professional Memberships: Membership in ABED was confirmed.
- Reference Letters: Four letters of reference did not sufficiently demonstrate significant contributions to the field.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the Petitioner’s employment history, particularly regarding dual employment claims and contractor classification, casting doubt on the reliability of the submitted documentation.
Conclusion
Final Determination: The appeal was dismissed. The Petitioner did not establish eligibility as an advanced degree professional or an individual of exceptional ability and failed to meet the criteria for a national interest waiver.
Download the Full Petition Review Here
