Date of Decision: September 28, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electronic Commerce
Petitioner Information
Profession: Senior Operations Manager
Field: Operations Management in Electronic Commerce
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Requirement: The labor certification terms were determined to meet the advanced degree professional classification requirements.
Equivalency Clause: The clause allowing a combination of education, experience, or training equivalent to the minimum requirements does not reduce the position’s qualification below the advanced degree standard.
Criteria Not Met:
None noted: All critical criteria for EB-2 classification were met upon appeal.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a senior operations manager, a role critical to the company’s operations in the electronic commerce sector.
Substantial Merit and National Importance:
The Petitioner demonstrated that the senior operations manager role holds substantial merit and national importance within the electronic commerce industry, contributing significantly to the field and economy.
Supporting Evidence:
The labor certification detailed minimum requirements that align with advanced degree qualifications.
Statements in the labor certification, including a clause for acceptable combinations of education and experience, were evaluated to meet EB-2 criteria.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor upon review.
Supporting Documentation
Letters of Intent:
No specific details were provided about letters of intent.
Business Plan:
Not specifically mentioned in the document.
Advisory Letter:
Not specifically mentioned in the document.
Any Other Supporting Documentation:
The labor certification was a crucial document supporting the appeal, demonstrating compliance with advanced degree requirements.
Conclusion
The appeal was approved. The petitioner successfully demonstrated that the terms of the labor certification meet the minimum requirements for the EB-2 classification, justifying the advanced degree requirement.
