Date of Decision: December 7, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration and Marketing
Petitioner Information
Profession: Market Research Analyst
Field: Business Administration and Marketing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Educational Requirements: The Petitioner established that the Beneficiary’s master’s degree in business administration meets the educational requirements of the labor certification.
Accreditation Status: The Beneficiary’s degree was awarded by an accredited university before the priority date of the petition.
Criteria Not Met:
None: All criteria were met upon submission of evidence on appeal.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a wholesale trade business, sought to employ the Beneficiary as a market research analyst. The petition was intended to secure lawful permanent resident status for the Beneficiary based on his advanced degree and professional experience.
Substantial Merit and National Importance:
The decision does not specifically address the merit or importance of the proposed endeavor due to the focus on the Beneficiary’s educational qualifications.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner provided sufficient evidence to demonstrate that the Beneficiary’s degree from an accredited institution meets the educational requirements for the position, which is critical for waiving the Labor Certification requirements.
Supporting Evidence:
The Petitioner submitted evidence showing that the Beneficiary’s master’s degree in business administration was awarded by an accredited university. The university’s accreditation status was briefly interrupted but was restored, and the Beneficiary’s degree was conferred during the period of valid accreditation.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor. The primary issue was the initial misunderstanding regarding the accreditation status of the issuing university, which was clarified on appeal.
Supporting Documentation
Letters of Intent:
No specific letters of intent were summarized in the decision.
Business Plan:
No specific business plan was summarized in the decision.
Advisory Letter:
No specific advisory letters were summarized in the decision.
Any Other Supporting Documentation:
The Petitioner submitted evidence confirming the accreditation status of the university at the time the Beneficiary received his degree.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner provided sufficient evidence on appeal to establish that the Beneficiary’s degree meets the educational requirements of the labor certification, thereby satisfying the criteria for the requested classification.
