Date of Decision: April 13, 2018
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 Project Manager
Field: Electronic Commerce
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Requirements: The Beneficiary’s qualifications meet the EB-2 classification as the job requires a professional with an advanced degree or equivalent, confirmed by the successful appeal.
Criteria Not Met:
Initially, the labor certification was deemed insufficient to demonstrate the advanced degree requirement necessary for EB-2 classification. This was contested and resolved on appeal.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary is employed as a senior project manager in an e-commerce company, focusing on overseeing projects that enhance the company’s technology and service offerings.
Substantial Merit and National Importance:
The decision centers around the qualifications for EB-2 classification rather than the merit or national importance of the proposed endeavor.
Supporting Evidence:
The appeal successfully demonstrated that the job requirements, as per the labor certification, necessitate an advanced degree, aligning with EB-2 classification standards.
Inconsistencies in Proposed Endeavor:
Initially, there was a misunderstanding regarding the labor certification’s requirements due to the inclusion of Kellogg language. The appeal clarified that the position does indeed require an advanced degree or its equivalent.
Supporting Documentation
Labor Certification:
Detailed review and acceptance of the labor certification which specifies that the position requires an advanced degree or equivalent.
Conclusion
The appeal was sustained, correcting the initial misinterpretation of the labor certification requirements. The Beneficiary’s qualifications and the job requirements align with EB-2 standards.
