Date of Decision: August 2, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Interior Design
Petitioner Information
Profession: Interior Designer
Field: Interior Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Educational Qualification: The Petitioner presented evidence of holding a foreign Bachelor in Industrial Design degree equivalent to a U.S. bachelor’s degree.
Professional Experience: The Petitioner provided some documentation of over 12 years of experience in interior design, including letters from an accountant and a former client.
Criteria Not Met:
Progressive Post-Baccalaureate Experience: The evidence provided did not sufficiently demonstrate at least five years of progressive post-baccalaureate experience in interior design.
Exceptional Ability: The Director did not address whether the Petitioner met the criteria for exceptional ability or provided sufficient comparable evidence.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an interior designer, proposes to continue her work in interior design, aiming to bring innovative design solutions and contribute to the field’s advancement in the United States.
Substantial Merit and National Importance:
The decision document did not specifically address the substantial merit and national importance of the Petitioner’s proposed endeavor, focusing primarily on the qualifications and ability to meet the exceptional ability criteria.
Supporting Evidence:
Initial Submission: Included a Bachelor in Industrial Design degree, an academic credentials evaluation, and letters from an accountant and a former client.
Further Review: Required additional evidence demonstrating the Petitioner’s progressive post-baccalaureate experience and eligibility for exceptional ability classification.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the lack of detailed evidence and documentation demonstrating the Petitioner’s progressive post-baccalaureate experience in interior design. Additionally, the submission did not include the original academic record in Portuguese, only the English translation.
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:
Academic Credentials Evaluation: Provided by an evaluation service, confirming the equivalence of the Petitioner’s foreign degree to a U.S. bachelor’s degree.
Letters from Accountant and Former Client: Described the Petitioner’s work experience but lacked specifics on the nature of the experience and its progressive nature.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the case was remanded for further review.
Reasoning:
The Petitioner did not initially meet the burden of proof required to establish eligibility for the EB-2 classification based on holding an advanced degree or exceptional ability. The Petitioner must provide additional evidence demonstrating at least five years of progressive post-baccalaureate experience in interior design and satisfy the criteria for exceptional ability. The Director is instructed to review this additional evidence and apply the Dhanasar analytical framework to determine whether a waiver of the job offer requirement would be in the national interest. The case is remanded for further consideration and the issuance of a new decision.
