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: Law
Petitioner Information
Profession: Police Investigator
Field: Law
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner provided a photocopy of a degree in a foreign language and its certified English translation, indicating a bachelor’s degree in accounting sciences.
Criterion 2: The Petitioner submitted job-training certificates related to police investigation issued from nonacademic institutions.
Criteria Not Met:
Criterion 1: The Petitioner did not demonstrate how the bachelor’s degree in accounting is related to the field of police investigation, which is required for classification as an advanced degree professional.
Criterion 2: The Petitioner did not meet the criteria for exceptional ability, as the job-training certificates provided did not originate from recognized academic institutions.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to continue working as a police investigator, emphasizing a commitment to fighting crime and enhancing public safety within a government institution.
Substantial Merit and National Importance: The Petitioner highlighted the national importance of his role in law enforcement, specifically in crime prevention and public security.
Supporting Evidence: The evidence included a bachelor’s degree in accounting, job-training certificates in police investigation, and an academic credentials evaluation stating the degree’s equivalency to a U.S. bachelor’s degree.
Inconsistencies in Proposed Endeavor:
The Petitioner did not adequately demonstrate how a bachelor’s degree in accounting relates to the field of police investigation, which is critical for the proposed endeavor and the immigration benefit sought.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: Not specified
Advisory Letter: Not specified
Any other supporting documentation: The academic credentials evaluation and job-training certificates in police investigation.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner failed to establish eligibility for the EB-2 classification as either an advanced degree professional or an individual of exceptional ability. The documentation provided did not sufficiently demonstrate the necessary qualifications or the relationship between the degree in accounting and the field of police investigation.
