EB-2 NIW USCIS Appeal Review – Sales Engineer – JUL282022_02B5203

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.

Download the Full Petition Review Here


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