Date of Decision: February 27, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Substance Abuse Rehabilitation
Petitioner Information
Profession: Substance Abuse Rehabilitation Coach
Field: Substance Abuse Rehabilitation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Proposed Endeavor: The petitioner proposed activities related to substance abuse rehabilitation.
- Substantial Merit and National Importance: The endeavor was deemed to have substantial merit in substance abuse rehabilitation.
Criteria Not Met:
- Qualification as an Advanced Degree Professional: The petitioner failed to demonstrate qualification for the underlying EB-2 visa classification as she did not hold an advanced degree above a bachelor’s degree, nor did she meet the requirement of five years of progressive post-baccalaureate experience in the specialty by the time of filing the petition.
- Consistency in Application: The appeal highlighted inconsistencies in the petitioner’s initial application regarding her qualification status, which impacted the decision adversely.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to provide services in substance abuse rehabilitation, leveraging her background in psychology and ministerial theology.
Substantial Merit and National Importance:
The petitioner’s endeavor in substance abuse rehabilitation was recognized for its merit. However, the lack of required qualifications and inconsistencies in the petition weakened her position.
Supporting Evidence:
The petitioner provided evidence of her academic qualifications and work experience, but failed to meet the specific criteria for an advanced degree as defined by USCIS regulations.
Inconsistencies in Proposed Endeavor:
There were significant discrepancies in the petitioner’s claims regarding her qualifications at different stages of the application process, which were not adequately resolved.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Evidence included academic records and work history, which did not suffice to meet the EB-2 classification requirements.
Conclusion
Final Determination: The petitioner does not qualify for the EB-2 classification as a member of the professions holding an advanced degree due to insufficient academic qualifications and experience. The appeal is therefore dismissed, and the initial USCIS decision stands.
Reasoning: The decision was primarily based on the petitioner’s failure to meet the necessary educational and professional experience requirements at the time of petition filing, which are critical for the EB-2 visa classification.
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