Date of Decision: DEC. 1, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Science
Petitioner Information
Profession: Senior Research and Development Technician
Field: Toner Cartridge Remanufacturing and Distribution
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Ten Years of Full-Time Experience: The Petitioner provided evidence showing that the Beneficiary has over ten years of experience in the occupation.
- Commanded Salary: Documentation showed that the Beneficiary received a salary indicative of exceptional ability.
- Recognition for Achievements: The Petitioner demonstrated that the Beneficiary received recognition for his contributions to the field.
Criteria Not Met:
- Educational Requirements: The Beneficiary did not possess a degree, diploma, or certificate from a college, university, or other institution relating to the area of exceptional ability.
- Licensure or Membership: The position did not require a license or membership in a professional association.
- Significant Contributions: The position did not require achievements and contributions acknowledged by peers, governmental entities, or professional organizations.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed that the Beneficiary would continue his work as a Senior Research and Development Technician, focusing on the remanufacturing of toner cartridges.
Substantial Merit and National Importance:
The Petitioner argued that the Beneficiary’s work has significant merit and importance due to his innovations in the toner cartridge industry. The Beneficiary’s patents and his role in the company’s success were highlighted as evidence.
Supporting Evidence:
- Letters of Intent: Letters from business partners attested to the Beneficiary’s expertise and the impact of his work on the industry.
- Advisory Letters: Letters from industry experts and business leaders supported the significance of the Beneficiary’s contributions.
- Business Plan: The Petitioner provided a detailed business plan outlining the Beneficiary’s role and future contributions to the company.
Inconsistencies in Proposed Endeavor:
The Director noted that the position outlined in the labor certification did not require an individual of exceptional ability, as it only demanded a high school diploma and three years of experience.
Supporting Documentation
Letters of Intent:
The Petitioner submitted letters from companies detailing their business relationships and the importance of the Beneficiary’s work.
Advisory Letter:
Industry experts provided letters highlighting the Beneficiary’s contributions and the innovative nature of his work.
Business Plan:
The business plan demonstrated the strategic role of the Beneficiary in the company’s operations and future growth.
Conclusion
Final Determination: The appeal was dismissed because the Petitioner did not demonstrate that the Beneficiary’s position required an individual of exceptional ability.
Reasoning: Despite proving the Beneficiary’s exceptional ability, the Petitioner failed to show that the job required such ability according to the regulatory standards.
