EB-2 NIW USCIS Appeal Review – Global ERP Specialist – OCT312019_01B5203

Date of Decision: October 31, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Enterprise Resource Planning (ERP)

Petitioner Information

Profession: Global ERP Specialist
Field: Enterprise Resource Planning
Nationality: [Nationality]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

Advanced Degree: The petitioner demonstrated the beneficiary’s advanced degree qualification.

Professional Standing: The beneficiary’s professional standing as a specialist in ERP was recognized.

Criteria Not Met:

Educational Equivalence: The beneficiary’s degree was not recognized as equivalent to a U.S. bachelor’s degree, which is essential under the advanced degree requirement.

Specific Educational Field Requirement: The degree specialty did not match the specific fields required by the labor certification.

Key Points from the Decision

Proposed Endeavor:
The beneficiary aims to implement advanced ERP solutions to streamline business processes and enhance data integration across global platforms.

Substantial Merit and National Importance:
While the petitioner’s project is of substantial merit due to its potential to enhance operational efficiencies in businesses, it failed to convincingly demonstrate its national importance in terms of broader economic or technological impact in the U.S.

Supporting Evidence:

Degrees and Certifications: Documentation provided related to the beneficiary’s educational background.

Professional Experience: Detailed accounts of previous ERP projects handled by the beneficiary.

Inconsistencies in Proposed Endeavor:
The educational credentials did not meet the specific requirements set forth in the labor certification, particularly regarding the field of study, which led to a discrepancy in the job qualification criteria.

Supporting Documentation

Letters of Intent: Not applicable as the NIW does not require a specific job offer.
Business Plan: Detailed project plans for ERP implementation were provided but lacked sufficient details on the national impact.
Advisory Letter: Letters from industry experts supported the beneficiary’s expertise but did not address the national importance of the endeavor.
Other Documentation: Included project outlines, previous project results, and professional accolades.

Conclusion

Final Determination: The appeal is dismissed, upholding the initial denial, due to insufficient evidence that the beneficiary’s foreign degree equates to a U.S. bachelor’s degree and misalignment with specified educational field requirements.

Reasoning:
The decision emphasized the discrepancy between the beneficiary’s educational qualifications and the specific requirements of the offered position as stated in the labor certification. The lack of a U.S. degree equivalent and the mismatch in required fields of study were pivotal in the denial.

Download the Full Petition Review Here

Victor Chibuike
Victor Chibuike

A major in Programming,Cyber security and Content Writing

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