Date of Decision: March 8, 2022
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: Rehabilitation Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Evaluation: The petitioner provided evidence of the beneficiary’s master’s degree in speech language pathology from an Indian institution, supported by independent evaluations.
Criteria Not Met:
- Educational Equivalency: The evaluations did not address the discrepancies found in the Electronic Database for Global Education (EDGE) regarding the degree’s equivalency to a U.S. master’s degree.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as a speech language pathologist.
Substantial Merit and National Importance:
The decision did not dispute the merit and national importance of the role of a speech language pathologist. However, the primary focus was on the educational qualifications required for the position.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s argument that the beneficiary’s California license as a speech language pathologist should be accepted as evidence of a U.S. master’s degree equivalency was not sufficient to waive the labor certification requirements.
Supporting Evidence:
- Educational Evaluations: Three independent evaluations concluded that the beneficiary’s educational credentials equate to a U.S. master’s degree.
- California License: The beneficiary held a California license as a speech language pathologist, which was argued to be indicative of meeting U.S. educational standards.
Inconsistencies in Proposed Endeavor:
- Educational Credential Discrepancies: EDGE database indicated that the two-year Indian master’s degree, following a three-year bachelor’s degree, equated only to a U.S. bachelor’s degree, not a master’s degree.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Not applicable.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not establish that the beneficiary possessed the required U.S. master’s degree or its foreign equivalent in speech language pathology.
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