Date of Decision: MAR. 1, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Police Investigation
Petitioner Information
Profession: Police Investigator
Field: Police Investigation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: None met.
Criterion 2: None met.
Criteria Not Met:
Criterion 1: The petitioner did not establish a qualifying degree in the proposed endeavor’s specialty.
Criterion 2: The petitioner did not provide evidence of exceptional ability in the field of police investigation.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s proposed endeavor involves police investigation, specifically focusing on fighting crime, ensuring law enforcement, and aiming for professional growth within a government institution.
Substantial Merit and National Importance:
The petitioner failed to demonstrate how his bachelor’s degree in accounting relates to his proposed endeavor in police investigation, thereby not meeting the requirement for an advanced degree professional or an individual of exceptional ability in the specialty of police investigation.
Supporting Evidence:
The petitioner provided a bachelor’s degree in accounting and various training certificates related to police investigation. However, these were not deemed sufficient as they did not come from recognized academic institutions nor directly related to the area of exceptional ability claimed.
Inconsistencies in Proposed Endeavor:
There was a lack of connection between the petitioner’s educational background in accounting and his proposed professional activities in police investigation, which undermined the credibility of his proposed endeavor.
Supporting Documentation
Letters of Intent: [Not applicable]
Business Plan: [Not applicable]
Advisory Letter: [Not applicable]
Any other supporting documentation: Training certificates from non-academic institutions, which did not satisfy the regulatory criteria for exceptional ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish eligibility for the second-preference classification as either an advanced degree professional or an individual of exceptional ability due to the lack of a relevant degree and insufficient evidence of exceptional ability in police investigation.
