Date of Decision: April 19, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Processing, Manufacturing, Sales, and Services
Petitioner Information
Profession: Managing Consultant
Field: Information Processing, Manufacturing, Sales, and Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner demonstrated that the Beneficiary possesses a foreign degree equivalent to a U.S. bachelor’s degree.
The Petitioner provided evidence that the Beneficiary has more than five years of post-baccalaureate progressive experience in the specialty.
Criteria Not Met:
Initially, the Director concluded that the Beneficiary’s post-baccalaureate experience did not meet the requisite five years because it was calculated from the formal diploma date rather than the provisional certificate date.
The Petitioner had to prove that the provisional certificate should be considered the official academic record of the Beneficiary’s degree.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as a managing consultant, focusing on the information processing, manufacturing, sales, and services business for the Petitioner.
Substantial Merit and National Importance:
The petition emphasized the critical role of a managing consultant in ensuring the efficient operation and growth of the Petitioner’s business, which has significant national importance due to its impact on various industries.
Supporting Evidence:
The Petitioner submitted the Beneficiary’s provisional certificate dated May 27, 2007, and the formal diploma dated March 28, 2008.
The Beneficiary’s employment records from December 3, 2007, to February 22, 2013, were provided, demonstrating over five years of experience.
Inconsistencies in Proposed Endeavor:
The Director initially measured the Beneficiary’s post-baccalaureate experience from the formal diploma date, resulting in a conclusion that the experience was insufficient.
The Petitioner argued that the provisional certificate should be considered the official degree for calculating the five-year experience requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: Provisional certificate, formal diploma, employment records, and information from the American Association of Collegiate Registrars and Admissions Officers (AACRAO) Electronic Database for Global Education (EDGE).
Conclusion
Final Determination: The appeal was sustained.
Reasoning:
The provisional certificate, together with the statement of marks, demonstrated that the Beneficiary completed all substantive requirements and that the university approved her degree. This conferred on the Beneficiary the foreign equivalent of a bachelor’s degree as of May 2007. The Beneficiary’s post-baccalaureate experience, calculated from this date, met the requisite five years. Therefore, the Petitioner established that the Beneficiary meets the minimum education and experience requirements for the EB-2 classification.
