Date of Decision: May 7, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Industrial Engineering and Quantitative Analysis
Petitioner Information
Profession: Industrial Engineer/Quantitative Analyst
Field: Industrial Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Educational Requirements:
The petitioner demonstrated that the beneficiary holds a Bachelor’s degree in Industrial Engineering.
Experience Requirements:
The beneficiary has three years of experience in the financial industry, which meets part of the requirement.
Criteria Not Met:
Advanced Degree Equivalency:
The petitioner’s position did not meet the advanced degree requirement as it allowed for a combination of education and experience that did not equate to a Master’s degree.
Substantial Merit and National Importance:
The petitioner failed to demonstrate that the job offered meets the requirements for classification as an advanced degree professional.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as an Industrial Engineer/Quantitative Analyst. The duties involved using statistical analysis and engineering principles to improve financial services.
Substantial Merit and National Importance:
The proposed endeavor was found lacking in substantial merit and national importance due to insufficient documentation and failure to meet the advanced degree professional classification.
Supporting Evidence:
Educational Documents:
Bachelor’s degree and transcripts from the beneficiary’s educational institution.
Experience Documents:
Letters from previous employers verifying the beneficiary’s experience in the financial industry.
Inconsistencies in Proposed Endeavor:
The petition contained inconsistencies regarding the beneficiary’s qualifications and the job’s minimum requirements, particularly concerning the advanced degree equivalency.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided.
Advisory Letters:
None submitted.
Conclusion
Final Determination: The petition remains denied.
Reasoning: The position offered did not meet the minimum requirements for classification as an advanced degree professional. Additionally, the beneficiary did not demonstrate that the job has substantial merit and national importance.
