Date of Decision: February 18, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Occupational Therapy
Petitioner Information
Profession: Occupational Therapist
Field: Occupational Therapy
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Beneficiary’s degree was accompanied by a California licensure.
- Criterion 2: Petitioner provided two credential evaluations equating the beneficiary’s degree to a U.S. Master’s degree.
Criteria Not Met:
- Criterion 1: EDGE evaluation indicated the beneficiary’s degree was equivalent to a U.S. bachelor’s degree.
- Criterion 2: No substantial evidence that the beneficiary completed graduate-level coursework.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary permanently in the U.S. as an occupational therapist, claiming an advanced degree equivalent to a U.S. Master’s degree.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not sufficiently supported by evidence of substantial merit and national importance. Evaluations indicated the degree held was not equivalent to a Master’s degree, which is a primary requirement for the EB-2 classification.
Supporting Evidence:
The petitioner submitted credential evaluations from two different evaluators, both claiming the beneficiary’s degree and work experience were equivalent to a U.S. Master’s degree. However, these evaluations were contradicted by EDGE and other independent sources.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the documentation regarding the beneficiary’s qualifications and the evaluations submitted. The two evaluations presented conflicting views on the equivalency of the beneficiary’s degree.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The educational credential evaluations and the beneficiary’s transcripts.
Conclusion
The appeal was dismissed. The petitioner did not establish that the beneficiary possessed the required advanced degree, as the educational credentials did not meet the labor certification requirements and were not equivalent to a U.S. Master’s degree.
