Date of Decision: January 3, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Human Resources
Petitioner Information
Profession: Human Resources Specialist
Field: Human Resources
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
[Criterion 1]: The Petitioner demonstrated that they have a foreign degree equivalent to a bachelor’s degree in psychology.
Criteria Not Met:
[Criterion 1]: The evidence did not show that the Petitioner has the required five years of progressive, post-degree experience in her specialty. Letters documenting her experience included time as an intern prior to receiving her degree, which does not count towards the required post-degree experience.
[Criterion 2]: The letter provided on appeal did not sufficiently corroborate the Petitioner’s claims of her experience as it was not from her former employer and described duties not aligned with a human resources role.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to establish a firm in the United States to provide human resources services to other U.S. companies.
Substantial Merit and National Importance:
The Director did not address whether the Petitioner’s proposed endeavor had substantial merit and national importance due to the initial failure to meet the EB-2 classification requirements.
Supporting Evidence:
The Petitioner submitted a letter on appeal from an individual who collaborated with her, describing her role as a human resources director. However, this letter did not align with the standard duties of a human resources specialist and was not from her direct employer, reducing its probative value.
Inconsistencies in Proposed Endeavor:
The letter from the collaborator described duties that did not match the expected responsibilities of a human resources specialist, raising questions about the Petitioner’s actual experience and role in her previous employment.
Supporting Documentation
Letters of Intent:
The document does not specify any letters of intent.
Business Plan:
The document does not mention a business plan.
Advisory Letter:
An advisory letter was provided on appeal, but it did not effectively support the Petitioner’s claim due to inconsistencies and lack of direct employer confirmation.
Any other supporting documentation:
No additional supporting documentation was mentioned.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not establish that she has five years of progressive, post-degree experience in human resources, thus failing to meet the requirements for the EB-2 classification as a member of the professions holding an advanced degree. Consequently, she was not eligible for a national interest waiver.
Next Steps:
The Petitioner may need to seek additional relevant experience and provide comprehensive, consistent evidence directly from former employers to meet the EB-2 NIW requirements. Refiling with stronger evidence may be considered.
This decision underscores the importance of thoroughly documenting and verifying qualifications and experience when seeking advanced degree professional classifications and national interest waivers under U.S. immigration law.
