Date of Decision: NOV. 10, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Operation Research Analysis
Petitioner Information
Profession: Operation Research Analyst
Field: Operation Research Analysis
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Beneficiary possesses a foreign equivalent of a U.S. Bachelor’s degree.
Criterion 2: The Beneficiary has claimed experience in operation research analysis roles, though discrepancies exist.
Criteria Not Met:
Criterion 1: Discrepancies between claimed experience on the labor certification and letters provided from employers.
Criterion 2: Insufficient independent, objective evidence to verify the Beneficiary’s claimed qualifying experience.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary’s proposed endeavor involves working as an Operation Research Analyst for the Petitioner, a meat wholesaler and distributor.
Substantial Merit and National Importance:
The proposed endeavor was evaluated for its substantial merit and national importance but was undermined by discrepancies in the Beneficiary’s qualifying experience and the Petitioner’s operational legitimacy.
Supporting Evidence:
The Petitioner provided letters from a previous employer in South Korea, but the information conflicted with the details on the labor certification. The letters were deemed insufficient without additional independent evidence.
Inconsistencies in Proposed Endeavor:
The labor certification listed the Beneficiary’s experience at one company, while letters provided indicated employment at a different company with different employment dates. These material discrepancies were not resolved by the evidence provided.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: The letters provided by the Beneficiary’s purported former employer in South Korea were insufficient due to discrepancies.
Any other supporting documentation: The Petitioner’s evidence failed to corroborate the Beneficiary’s qualifying experience.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Beneficiary’s qualifying experience did not match the details provided on the labor certification. The discrepancies and lack of additional independent evidence to resolve these inconsistencies led to the dismissal of the appeal. Additionally, the residential nature of the worksite called into question the legitimacy of the job offer.
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