Date of Decision: July 12, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Management
Petitioner Information
Profession: Financial Controller
Field: Management, Finance, or Business Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Bachelor’s Degree: The Petitioner indicated a minimum requirement of a bachelor’s degree in management, finance, or business administration.
Criteria Not Met:
- Advanced Degree: The labor certification did not support the requirement for a master’s degree or a bachelor’s degree with five years of progressive experience in the specialty.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a financial controller. The proposed endeavor involved managing the financial activities of the company, requiring a bachelor’s degree and 36 months of experience in the specialty.
Substantial Merit and National Importance:
The proposed position did not meet the criteria for substantial merit and national importance under the advanced degree professional classification because it required less than the specified five years of progressive experience.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The labor certification did not support the advanced degree professional classification, making it ineligible for the waiver of the labor certification process.
Supporting Evidence:
The Petitioner submitted various documents, including a signed declaration from an attorney and an excerpt from Form I-140. However, these documents did not rectify the deficiency in meeting the advanced degree requirement.
Inconsistencies in Proposed Endeavor:
The Petitioner’s initial request for an EB-2 classification was inconsistent with the job requirements listed on the labor certification, which aligned more with an EB-3 classification.
Supporting Documentation
Advisory Letter:
The letter from the Petitioner’s attorney indicated an intention to file under EB-3, but the actual petition was for EB-2.
Any Other Supporting Documentation:
The Petitioner did not provide sufficient evidence to support the claim that the position required an advanced degree.
Conclusion
The appeal was dismissed. The labor certification did not support the second preference immigrant classification as requested. The Petitioner did not establish eligibility for the advanced degree professional classification, leading to the dismissal of the appeal.
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