Date of Decision: July 28, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education
Petitioner Information
Profession: Instructional Coordinator
Field: Education
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The labor certification allowed for a master’s degree or a bachelor’s degree followed by five years of experience.
The Beneficiary demonstrated possession of a bachelor’s degree.
Criteria Not Met:
The Beneficiary’s bachelor’s degree was in translation and interpretation studies, not in education, English language, or English literature, as required by the primary criteria.
The Beneficiary did not provide sufficient evidence of five years of progressive post-baccalaureate experience.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as an instructional coordinator, focusing on English language instruction and coordination for a network of public charter schools.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit and national importance, addressing critical needs in educational development and coordination, particularly for English language learners.
Supporting Evidence:
The supporting evidence included the Beneficiary’s academic credentials, employment letters, and affidavits. Despite this, the evidence did not sufficiently demonstrate the Beneficiary’s qualifying experience, as inconsistencies were found in the employment letters.
Inconsistencies in Proposed Endeavor:
The primary issue was the lack of substantial evidence demonstrating the Beneficiary’s five years of progressive post-baccalaureate experience. Investigations found inconsistencies in the letters from the Beneficiary’s claimed former employers in Turkey, casting doubt on the validity of the experience.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Letters from Turkish schools, but inconsistencies were noted.
Any other supporting documentation: Affidavits and Turkish government documents, but they did not sufficiently resolve the inconsistencies.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Beneficiary did not meet the requirement of five years of post-baccalaureate experience by the priority date. The Petitioner failed to provide sufficient official academic records and reliable employment documentation to establish the Beneficiary’s qualifying experience. Additionally, the inconsistencies in the Beneficiary’s employment history and the insufficient documentation of full-time work in the relevant field contributed to the decision to dismiss the appeal.
Download the Full Petition Review Here
In Re: H-P-S-, JUL282017_01B5203.pdf
