Date of Decision: April 19, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Management Analysis
Petitioner Information
Profession: Management Analyst
Field: Finished Carpentry Contracting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner established its continuing ability to pay the proffered wage from the priority date onward.
Criteria Not Met:
The labor certification was not valid for the classification of advanced degree professional.
The evidence of record was insufficient to establish that the Beneficiary had the experience required by the labor certification to qualify for the job offered.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a management analyst, responsible for analyzing management processes within the finished carpentry contracting company.
Substantial Merit and National Importance:
The findings focused on the Beneficiary’s qualifications and the validity of the labor certification rather than the substantial merit and national importance of the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The Director and the AAO concluded that the Petitioner did not meet the necessary evidentiary criteria to support the Beneficiary’s qualifications and the validity of the labor certification for the requested classification. This was a key factor in the decision to deny the appeal.
Supporting Evidence:
Updated employment verification letters were submitted but not considered because they were filed under a motion to reconsider, which does not allow for new evidence.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the labor certification’s requirements, which did not support the requested classification of advanced degree professional.
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: Not applicable in this case.
Conclusion
The appeal was dismissed. The Petitioner did not establish that the labor certification supported the requested classification of advanced degree professional, and the Beneficiary did not meet the experience requirements specified in the labor certification.
