Date of Decision: April 26, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Technology Management
Petitioner Information
Profession: Manager of Technology
Field: Technology Management
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The beneficiary holds a Master of Business Administration (MBA), which is accepted as an advanced degree.
Criteria Not Met:
Required Experience: The petitioner failed to establish that the beneficiary had five years of progressive post-baccalaureate experience after receiving the advanced degree.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a Manager of Technology, leveraging his advanced degree and experience in technology management.
Substantial Merit and National Importance:
The decision did not specifically address the national importance of the proposed endeavor due to the focus on the educational and experience requirements.
Key Quote: “The Petitioner has demonstrated that the Beneficiary exceeds the requirements of the labor certification with a U.S. master’s degree in an accepted field.”
Supporting Evidence:
The petitioner submitted the beneficiary’s MBA degree, diplomas, and employment letters. However, these documents did not sufficiently establish the required five years of post-baccalaureate experience.
Key Quote: “The submitted experience letters do not establish that the Beneficiary possessed five years of experience following receipt of his MBA.”
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the conflicting dates and job titles in the employment letters, which did not match the information provided on the labor certification.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not applicable.
Advisory Letter: Included letters from previous employers, which had inconsistencies.
Other Supporting Documentation:
MBA degree
Diplomas and transcripts
Employment letters
Conclusion
Final Determination: The appeal was dismissed, and the initial decision was upheld.
Reasoning:
The petitioner failed to provide sufficient evidence to establish that the beneficiary had the required five years of progressive post-baccalaureate experience following receipt of his MBA. Additionally, the petitioner did not provide adequate financial documentation to demonstrate its continuing ability to pay the proffered wage from the priority date onward. Consequently, the petition for an EB-2 National Interest Waiver was denied.
