Date of Decision: September 30, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Speech-Language Pathology
Petitioner Information
Profession: Speech Language Pathologist
Field: Speech and Hearing
Nationality: India
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Educational Credentials: The petitioner provided evidence of the beneficiary’s Bachelor’s degree in Hearing, Language, and Speech and a Master’s degree in Speech and Hearing from India.
Criteria Not Met:
- Foreign Equivalent of a U.S. Master’s Degree: The petitioner failed to establish that the beneficiary’s degrees are equivalent to a U.S. Master’s degree through education alone, as required by the labor certification.
Key Points from the Decision
Proposed Endeavor:
The beneficiary was proposed to work as a Speech Language Pathologist. The labor certification specified a Master’s degree in Speech and Hearing, Audiology, or Speech-Language Pathology with no alternate combination of education and experience accepted.
Substantial Merit and National Importance:
The petitioner argued that the beneficiary’s educational qualifications were equivalent to a U.S. Master’s degree. Multiple evaluations were provided to support this claim, stating that the beneficiary’s degrees combined with his experience were equivalent to a U.S. Master’s degree. However, the labor certification did not permit combining education and experience.
Supporting Evidence:
- Educational Evaluations: Four evaluations were submitted, with two concluding that the beneficiary’s degrees alone were equivalent to a U.S. Master’s degree, while the other two required the addition of five years of work experience.
Inconsistencies in Proposed Endeavor:
The evaluations presented conflicting opinions regarding the equivalency of the beneficiary’s educational credentials. This inconsistency contributed to the denial of the petition.
Supporting Documentation
Letters of Intent: N/A
Business Plan: N/A
Advisory Letter: N/A
Any other supporting documentation:
- Educational Evaluations: The evaluations included opinions from various credential evaluation services, some of which stated that the beneficiary’s education was equivalent to a U.S. Master’s degree when combined with experience, while others did not require the experience for equivalency.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The petitioner did not provide sufficient evidence to establish that the beneficiary possesses the foreign equivalent of a U.S. Master’s degree through education alone. The labor certification required this specific educational qualification, which was not met according to the evidence provided.
