Date of Decision: August 12, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Instructional Coordination
Petitioner Information
Profession: Instructional Coordinator
Field: Nursing Education
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Labor Certification Filed: The Petitioner filed the labor certification, stating the requirements for the position of instructional coordinator.
Alternative Requirements: The labor certification allowed for alternative combinations of education and experience to meet the job requirements.
Criteria Not Met:
Minimum Educational Requirement: The labor certification’s language allowed for combinations of degrees that could be interpreted as less than a bachelor’s degree, which does not meet the advanced degree professional classification requirements.
Advanced Degree Professional Classification: The Petitioner did not demonstrate that the job required at least a master’s degree or a bachelor’s degree followed by five years of progressive experience in the specialty.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as an instructional coordinator. This role involves developing educational programs, coordinating training activities, and ensuring compliance with educational standards in nursing education.
Substantial Merit and National Importance:
The decision document did not specifically address the substantial merit and national importance of the Beneficiary’s proposed endeavor. The focus was on whether the job requirements met the criteria for advanced degree professional classification.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, and supporting documents detailing the job requirements and the Beneficiary’s qualifications.
Further Submission on Appeal: The Petitioner argued that the Director misinterpreted the labor certification requirements and provided additional explanations.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the labor certification’s language, which allowed for a combination of degrees that could be less than a bachelor’s degree. This does not meet the advanced degree professional classification requirements under USCIS regulations.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
Labor Certification: Stated that the employer would accept a combination of education, training, and/or experience equivalent to a U.S. master’s degree plus six months of experience.
Explanation on Appeal: Provided clarification on the interpretation of the labor certification requirements but did not resolve the issue of accepting less than a bachelor’s degree.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The labor certification did not support the requested classification of advanced degree professional because it allowed for combinations of degrees that could be less than a bachelor’s degree. The USCIS regulations require that the minimum educational requirement for an advanced degree professional classification must be at least a bachelor’s degree followed by five years of progressive experience or a master’s degree. The Petitioner did not meet the burden of proof to establish that the job required the necessary educational qualifications for the requested visa classification. As a result, the initial decision to deny the petition was upheld, and the appeal was dismissed.
