Date of Decision: October 19, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Speech Pathology
Petitioner Information
Profession: Speech Language Pathologist
Field: Speech Pathology, Occupational Therapy, and Special Education
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The petitioner demonstrated the substantial merit and national importance of the proposed endeavor by providing evidence of the shortage of speech language pathologists in the United States.
- Criterion 2: The petitioner presented evidence of the need for speech language pathologists, including articles and documentation of recruitment efforts.
Criteria Not Met:
- Criterion 1: The petitioner misrepresented the relationship between the beneficiary and the company’s CEO, which influenced the approval process.
- Criterion 2: The petitioner’s failure to disclose familial relationships on the ETA Form 9089 affected the validity of the labor certification.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to employ the beneficiary as a speech language pathologist, providing speech pathology, occupational therapy, and special education services. This role was identified as having substantial merit and national importance due to the shortage of qualified professionals in the field.
Substantial Merit and National Importance:
The petitioner provided evidence demonstrating the substantial merit and national importance of the beneficiary’s role. This included articles and data indicating a significant shortage of speech language pathologists in the United States, emphasizing the critical need for such professionals in addressing public health and educational needs.
Supporting Evidence:
- Letters of Intent: Not specified.
- Business Plan: Not specified.
- Advisory Letters: Not specified.
Inconsistencies in Proposed Endeavor:
The petitioner misrepresented the familial relationship between the beneficiary and the CEO of the company. This misrepresentation was deemed material as it influenced the Department of Labor’s decision-making process regarding the labor certification application.
Supporting Documentation
Letters of Intent:
- Summary and key points: Not applicable.
Business Plan:
- Summary and key points: Not applicable.
Advisory Letter:
- Summary and key points: Not applicable.
Any other supporting documentation:
- Summary and key points: Not applicable.
Conclusion
Final Determination: The decision was remanded for further consideration.
Reasoning: The initial approval of the petition was found to be erroneous due to the misrepresentation of the beneficiary’s relationship to the company’s CEO. The Director is to further examine the beneficiary’s educational qualifications, the petitioner’s ability to pay the proffered wage, and the bona fides of the job opportunity.
