Date of Decision: June 1, 2015
Service Center: Nebraska 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: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner provided sufficient evidence that the beneficiary’s foreign degree is equivalent to a U.S. Master’s degree in Education or Sociology.
- Experience: The beneficiary met the experience requirement with at least five years of progressive experience post-baccalaureate.
Criteria Not Met:
- Ability to Pay: The petitioner did not demonstrate the ability to pay the proffered wage consistently.
- Full-Time Employment: It was unclear whether the offered position was full-time and permanent, as required by the regulations.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a Montessori school, seeks to employ the beneficiary as an instructional coordinator. The petitioner aims to enhance its educational programs through the beneficiary’s expertise in educational coordination.
Substantial Merit and National Importance:
The petitioner’s endeavor in employing an instructional coordinator in the Montessori education field holds substantial merit and national importance due to the advancement of educational methodologies and improvement of student outcomes.
Supporting Evidence:
The petitioner provided evaluations of the beneficiary’s foreign educational credentials, tax returns to demonstrate financial status, and employment agreements to show the beneficiary’s role and salary.
Inconsistencies in Proposed Endeavor:
The record indicated inconsistencies in the beneficiary’s salary, which varied between documents, and did not consistently meet the proffered wage requirement. Additionally, the nature of the employment (whether full-time or part-time) was unclear.
Supporting Documentation
Letters of Intent:
[Not applicable]
Business Plan:
[Not applicable]
Advisory Letter:
[Not applicable]
Any Other Supporting Documentation:
- Educational Evaluations: Four evaluations were provided, ultimately supporting the beneficiary’s qualification equivalency.
- Tax Returns: The petitioner submitted tax returns from 2010 to 2012, which showed fluctuating financial stability.
- Employment Agreements: Documents indicated varying salary amounts and employment terms.
Conclusion
The appeal was remanded. The petitioner did not establish the ability to pay the proffered wage or confirm that the position was full-time and permanent.
