Date of Decision: December 29, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: General and Operations Professional
Petitioner Information
Profession: General and Operations Professional
Field: Nautical Science and Marine Engineering
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Criterion 1: The Petitioner provided evidence of a bachelor’s degree in nautical science from Brazil.
Criterion 2: The Petitioner submitted educational evaluations suggesting equivalence to a U.S. bachelor’s degree.
Criteria Not Met
Criterion 1: The degree was deemed equivalent to only three years of U.S. university study.
Criterion 2: The Petitioner did not provide sufficient evidence to support claims of an accelerated degree program.
Key Points from the Decision
Proposed Endeavor
The Petitioner’s proposed endeavor involved utilizing expertise in nautical science and marine engineering to advance operations and management within the industry.
Substantial Merit and National Importance
The endeavor was considered to have substantial merit due to its potential impact on the maritime industry. However, the national importance was not clearly established with the provided evidence.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The findings did not support that waiving the labor certification process would benefit the United States, primarily due to the discrepancies in educational equivalency and the lack of sufficient proof for an accelerated degree program.
Supporting Evidence
The Petitioner submitted a diploma, transcripts, and educational evaluations. The evaluations were not consistent with the information from the Electronic Database for Global Education (EDGE), which influenced the decision to give reduced weight to the provided evaluations.
Inconsistencies in Proposed Endeavor
The primary inconsistency noted was the disparity between the educational evaluations and the standard requirements for a U.S. bachelor’s degree. The Petitioner failed to substantiate the claim of an accelerated degree program equivalent to a four-year U.S. bachelor’s degree.
Supporting Documentation
Letters of Intent
Not applicable.
Business Plan
Not applicable.
Advisory Letter
Not applicable.
Any Other Supporting Documentation
Not applicable.
Conclusion
Final Determination: The appeal was dismissed. The Petitioner did not meet the educational requirements for the EB-2 classification, and the evidence provided did not support the national interest waiver.
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