Date of Decision: April 24, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Executive Management
Petitioner Information
Profession: Executive Director
Field: Executive Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary submitted documentation for both advanced degree professional and exceptional ability classifications.
Criteria Not Met:
The minimum educational and experience requirements for the proffered position, as stated on the labor certification, were less than required for classification of the job as an advanced degree professional.
The Director did not address the exceptional ability classification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as an executive director for a German school and cultural center, managing operations and cultural programs.
Substantial Merit and National Importance:
The findings focused on the Beneficiary’s qualifications and whether the job requirements met the criteria for advanced degree professional classification rather than the substantial merit and national importance of the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The Director concluded that the proffered position did not meet the criteria for advanced degree professional classification due to insufficient educational and experience requirements. The exceptional ability classification was not addressed, leading to the decision to remand the case for further consideration.
Supporting Evidence:
The Beneficiary submitted required evidence for both advanced degree professional and exceptional ability classifications, including a bachelor’s degree, 48 months of qualifying experience, and a certificate to teach German as a foreign language.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the Beneficiary’s qualifications for the advanced degree professional classification, which did not meet the minimum requirements stated on the labor certification.
Supporting Documentation
Letters of Intent: Not applicable in this case.
Business Plan: Not applicable in this case.
Advisory Letter: Not applicable in this case.
Any Other Supporting Documentation: Not applicable in this case.
Conclusion
The appeal was remanded. The Director’s decision was withdrawn due to the failure to address the Beneficiary’s qualifications for classification as an alien of exceptional ability.
