Date of Decision: March 1, 2019
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 Language Pathology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Educational Equivalence: The Beneficiary’s qualifications were reviewed and deemed to meet the requirements of an advanced degree professional as per the Immigration and Nationality Act.
Criteria Not Met:
Master’s Degree Equivalence: The evaluation provided did not convincingly establish that the Beneficiary’s foreign educational credentials were equivalent to a U.S. master’s degree.
Ability to Pay Proffered Wage: The Petitioner did not provide sufficient evidence of the ability to pay the offered wage in 2017 or thereafter.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a speech language pathologist, a position requiring a U.S. master’s degree or foreign equivalent in speech language pathology.
Substantial Merit and National Importance:
The Petitioner did not sufficiently demonstrate that the Beneficiary’s qualifications were equivalent to the required U.S. master’s degree. Despite the Beneficiary holding a foreign master’s degree and New York licensure, the documentation did not adequately prove it was equivalent to a U.S. master’s degree.
Supporting Evidence:
The Petitioner provided an independent evaluation of the Beneficiary’s foreign degrees and documented her New York state licensure and certifications from the American Speech-Language-Hearing Association (ASHA). However, these did not specify her possession of a single degree equivalent to a U.S. master’s degree.
Inconsistencies in Proposed Endeavor:
The provided evaluation equated the Beneficiary’s bachelor’s degree, including an internship, to 111 U.S. credits, short of the typical 120 credits required for a U.S. bachelor’s degree. Additionally, the graduate program did not require a four-year bachelor’s degree for entry.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: The Beneficiary’s New York licensure and ASHA certifications were provided, but lacked detailed evidence supporting equivalence to a U.S. master’s degree.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Beneficiary’s foreign educational credentials did not convincingly equate to a U.S. master’s degree. Furthermore, the Petitioner failed to demonstrate the ability to pay the proffered wage for the position in 2017 and thereafter, as required by regulations.
