Date of Decision: April 17, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing
Petitioner Information
Profession: Marketing Specialist
Field: Marketing
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Equivalent: The beneficiary holds a magister degree in management and marketing from Poland, which is considered equivalent to a U.S. master’s degree.
Criteria Not Met:
Required Experience: The petitioner did not initially provide sufficient evidence to demonstrate that the beneficiary had the required 12 months of experience as a marketing specialist, as specified in the labor certification.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a marketing specialist, leveraging her advanced degree and experience to contribute to the company’s marketing efforts.
Substantial Merit and National Importance:
The decision focused on the beneficiary’s educational qualifications and experience, determining that the beneficiary’s magister degree met the advanced degree requirement.
Key Quote: “The Petitioner has established that the Beneficiary has the education required by the labor certification.”
Supporting Evidence:
The petitioner submitted degrees, transcripts, and a letter from an evaluation service confirming the equivalence of the beneficiary’s magister degree to a U.S. master’s degree.
Key Quote: “The Beneficiary’s two and one-half year magister in management and marketing from Poland, which followed her three-year licencjata, is equivalent to a U.S. master’s degree.”
Inconsistencies in Proposed Endeavor:
The primary issue noted was the lack of detailed evidence regarding the beneficiary’s work experience. The submitted employment letter did not provide a description of the duties performed, as required by the regulations.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not applicable.
Advisory Letter: Included a letter from an evaluation service confirming the degree equivalence.
Other Supporting Documentation:
Degrees and transcripts
Employment letter (lacking sufficient detail)
Conclusion
Final Determination: The appeal was remanded for further consideration.
Reasoning:
The petitioner successfully demonstrated that the beneficiary met the educational requirements for the EB-2 classification. However, the case was remanded to the Director for further review and decision regarding the beneficiary’s work experience. The Director may request additional evidence to address this issue, and the petitioner may provide further documentation to support the beneficiary’s qualifications.
