Consultant

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification. For advanced degree professional, the Petitioner's master's degree was awarded after the filing date, and she did not demonstrate five years of progressive post-baccalaureate experience at the time of filing. For exceptional ability, the Petitioner only met one of the six regulatory criteria (having a degree). She failed to provide sufficient evidence for professional association memberships (NALA/NFPA did not require a bachelor's degree, AILA membership was 'student' and 'ineligible', and no evidence for ABA). She also failed to demonstrate recognition for significant contributions to the broader legal industry or field, as her letters of recommendation were highly complimentary but did not detail such contributions.

The petitioner proposes to establish an IT consulting business in the United States focusing on providing development, professional training, and consulting services to small and medium-sized companies, NGOs, and government entities. The work involves designing, developing, and maintaining computer networks, as well as providing cybersecurity consultancy and disaster recovery plans.

The petitioner, an Oracle EBS consultant, seeks to continue his work in the global IT services sector, focusing on enhancing logistical operations, spearheading major projects involving critical updates, system overhauls, and implementing comprehensive new systems.

The petitioner seeks employment-based second preference (EB-2) immigrant classification as either a member of the professions holding an advanced degree or an individual of exceptional ability, and a national interest waiver of the job offer requirement.