Date of Decision: October 23, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Research and Data Analysis
Petitioner Information
Profession: Research Information Analyst
Field: Research and Data Analysis
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
[None Met]: The Petitioner did not establish that the Beneficiary met any of the required criteria for the position as outlined in the labor certification.
Criteria Not Met:
Required Experience: The Petitioner did not establish that the Beneficiary possessed the 24 months of experience in the job offered, which is a research information analyst.
Specific Skills: The Beneficiary did not demonstrate the required skills, including producing detailed data-driven reports and analyses, utilizing database programs and spreadsheets, and developing planning strategies.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was proposed to work as a research information analyst for a background check company, focusing on researching, collecting, and performing statistical analysis needed to monitor trends, patterns, and changes in regulations of criminal and consumer data.
Substantial Merit and National Importance:
The decision did not elaborate on the substantial merit and national importance of the proposed endeavor due to the denial of the appeal.
Supporting Evidence:
The Petitioner submitted two experience letters from the Beneficiary’s previous employer, which described her duties as a librarian. However, these duties did not align with the job requirements of a research information analyst.
The Petitioner provided a chart comparing the duties of the proffered position with those described in the letters from the previous employer, but this comparison was insufficient to establish qualifying experience.
Inconsistencies in Proposed Endeavor:
The letters from the previous employer included general claims about the Beneficiary’s experience conducting research and data collection but did not demonstrate experience in the specific duties required for the research information analyst position, such as statistical analysis of criminal and consumer data or FCRA pre-screening services.
Supporting Documentation
Letters of Intent:
[Not Provided]
Business Plan:
[Not Provided]
Advisory Letter:
[Not Provided]
Any Other Supporting Documentation:
The Petitioner submitted experience letters from the Beneficiary’s previous employer, but these did not provide sufficient evidence of the required experience or skills.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner failed to establish that the Beneficiary had the required 24 months of experience in the job offered and the specific skills required by the labor certification.
Download the Full Petition Review Here
In Re: 595681
Document Name: OCT232017_01B5203
