Date of Decision: September 1, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Law Enforcement
Petitioner Information
Profession: Law Enforcement Officer
Field: Law Enforcement
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner holds a foreign bachelor’s degree equivalent to a U.S. baccalaureate degree but did not demonstrate the requisite five years of progressive post-baccalaureate experience in his specialty.
Criteria Not Met:
- Eligibility for Advanced Degree Classification: The petitioner did not demonstrate at least five years of progressive post-baccalaureate experience in his specialty at the time he filed the Form I-140.
- National Importance: The Director did not adequately evaluate whether the petitioner’s proposed endeavor has national importance.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue using his expertise in the field of law enforcement by working as a military instructor in the United States. He later changed his proposed endeavor to working as a police officer, police instructor, and ultimately a border patrol agent.
Substantial Merit and National Importance:
While the petitioner’s work in law enforcement has substantial merit, the Director did not provide a comprehensive analysis of whether the initial proposed endeavor as a military instructor has national importance. The petitioner later changed his proposed endeavor, which was not considered in the analysis due to the material change in the nature of the endeavor.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation, including a diploma, an evaluation equating his degree to a U.S. bachelor’s degree, and a letter from the Brazilian State Office of Military Police confirming his employment. However, the evidence was insufficient to demonstrate that he is well positioned to advance his proposed endeavor. The letter did not specify the duties performed, the amount of time spent in each position, or how the work experience was progressive.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted a diploma, an evaluation of his degree, and a letter from the Brazilian State Office of Military Police. However, these were not sufficient to demonstrate the national importance of his proposed endeavor or that he is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The Director’s analysis did not fully address the evidentiary deficiencies and the lack of a comprehensive evaluation of the proposed endeavor’s national importance.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Not provided
Other Supporting Documentation: Included a diploma, an evaluation of his degree, and a letter from the Brazilian State Office of Military Police, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The Director’s decision was withdrawn due to an insufficient analysis of the proposed endeavor’s national importance and the petitioner’s qualifications to advance the endeavor. The matter was remanded for further consideration and the entry of a new decision consistent with a comprehensive analysis under the Dhanasar framework.
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