Date of Decision: March 7, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: Entrepreneur
Field: Business Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None specified: The Petitioner did not meet the necessary criteria for the underlying EB-2 classification as he could not establish his educational qualifications with a single recognized degree.
Criteria Not Met:
- Academic Qualification: The Petitioner’s claim that his high school diploma combined with 30 years of experience equates to a bachelor’s degree in business administration was not accepted.
- Exceptional Ability: There was no evidence on record that the Petitioner met the necessary criteria for exceptional ability in business.
Key Points from the Decision
Proposed Endeavor:
- The Petitioner aimed to qualify for a national interest waiver based on his role as an entrepreneur and CEO, arguing that formal educational qualifications like a bachelor’s degree are not strictly necessary for entrepreneurship.
Substantial Merit and National Importance:
- The appeal did not establish the Petitioner’s endeavor as having substantial merit and national importance sufficient to warrant a waiver of the job offer and labor certification requirements.
Supporting Evidence:
- The appeal lacked sufficient supporting evidence that typically includes academic credentials, professional experience, and recognition in the field.
Inconsistencies in Proposed Endeavor:
- The Petitioner’s argument regarding the equivalency of his educational and professional experience to a formal degree was inconsistent with USCIS regulations which require a clear academic qualification.
Supporting Documentation
Letters of Intent:
- Not applicable as no relevant documents were submitted during the appeal process.
Business Plan:
- Not applicable as the appeal primarily contested the academic qualification criteria.
Advisory Letter:
- Not applicable as no advisory or expert letters supporting the Petitioner’s qualifications were presented.
Conclusion
The appeal was denied. The petitioner did not demonstrate the required educational qualifications or exceptional ability in the field of business administration necessary for the EB-2 classification. USCIS regulations clearly stipulate the need for a single, recognized degree which was not met in this case.
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