Date of Decision: July 28, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Sales Engineering
Petitioner Information
Profession: Sales Engineer
Field: Electrical Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Minimum Requirements for Position:
The offered position of sales engineer requires only a bachelor’s degree in electrical engineering and no experience. This does not meet the definition of an advanced degree professional.
Labor Certification Validity:
The underlying labor certification was not signed by the Beneficiary, making it invalid.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a manufacturers’ representative company, sought to employ the Beneficiary as a sales engineer. The position was described as requiring a bachelor’s degree with no experience, which does not qualify for the advanced degree professional classification under the EB-2 NIW.
Substantial Merit and National Importance:
The decision did not address substantial merit and national importance due to the failure to meet the advanced degree requirements.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The position’s requirements and the invalid labor certification meant that the petition could not be approved, irrespective of potential benefits.
Supporting Evidence:
The Petitioner failed to provide sufficient evidence that the position required an advanced degree. Additionally, the labor certification was not properly executed.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the mismatch between the position’s requirements and the definition of an advanced degree professional. The labor certification was also not signed by the Beneficiary.
Supporting Documentation
Letters of Intent:
None provided
Business Plan:
None provided
Advisory Letter:
None provided
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not establish that the position required an advanced degree or that the labor certification was valid.
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