Date of Decision: April 19, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management and Administration
Petitioner Information
Profession: Administrative Services Specialist
Field: Business Management and Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Academic Record: The petitioner provided an official academic record showing an associate’s degree in Foreign Trade Management and a certificate of completion for a university extension course in Business Administration.
Criteria Not Met:
- Ten Years of Experience: The petitioner did not provide evidence demonstrating ten years of full-time experience in the occupation.
- Membership in Professional Associations: The petitioner’s membership evidence did not qualify as membership in a professional association.
- Exceptional Ability: The petitioner did not meet the required criteria to demonstrate exceptional ability in the field of business management and administration.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to continue her career as an Administrative Services Specialist in the United States, offering business administration solutions to improve operational efficiency for U.S. companies. Her tasks included planning, directing, and coordinating support services, as well as preparing managerial reports and corporate presentations.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor has substantial merit, it did not meet the threshold for national importance. The Director found that the petitioner’s work was focused on her company and potential employers, without demonstrating a broader impact on the U.S. economy or the field of business management.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would promote foreign direct investment (FDI) and create jobs in the United States. However, the Director found insufficient evidence to support these claims. The proposed work did not show significant potential to employ U.S. workers or provide substantial economic benefits to justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including academic records, articles on business management, and a list of job positions matching her qualifications. However, these documents did not sufficiently demonstrate that her specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the impact of her work were not supported by sufficient evidence to demonstrate its broader implications or national importance.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petitioner provided general articles on the economic benefits of administrative services but did not link this to her specific work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of her proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond her direct business activities.
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