Date of Decision: October 17, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Admission and Marketing
Petitioner Information
Profession: Admission and Marketing Director
Field: Marketing Scholar Specialist
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis:
Criteria Met:
Demonstrated qualifications as a member of the professions holding an advanced degree.
Criteria Not Met:
Failed to establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Key Points from the Decision:
Proposed Endeavor:
The petitioner aimed to continue his career in education, focusing on admissions and marketing. His endeavor involved restructuring admission processes to benefit students, educational institutions, and society. This included encouraging prospective students to pursue academic preparation for a better future, engaging in community activities, and improving enrollment procedures.
Substantial Merit and National Importance:
The petitioner argued that his work in marketing and admissions was essential to the U.S. educational system and economy, particularly by attracting international students. He cited the economic contributions of international students and the financial impact of the COVID-19 pandemic on U.S. higher education institutions. Despite acknowledging the merit of his work, the AAO concluded that his proposed endeavor did not demonstrate national importance as it did not extend beyond his university and students to impact the broader U.S. economy or the field of education significantly.
Supporting Evidence:
The petitioner provided various documents including letters of recommendation, an executive summary of his business, and an updated list of students he enrolled. However, this evidence did not sufficiently demonstrate the national importance of his endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s claim to be involved in STEM fields such as business analytics and financial analytics was not substantiated by his actual work in admissions and marketing. The AAO found no evidence that his proposed endeavor involved significant potential for U.S. economic impact or job creation.
Supporting Documentation
Letters of Intent: Provided but insufficient to prove national importance.
Business Plan: Provided for his own business, but new claims were not considered as they were not presented in the initial petition.
Advisory Letter: Provided but did not establish national importance.
Other Supporting Documentation: Included recommendation letters and student enrollment lists, which were not sufficient to prove the national impact of the endeavor.
Conclusion
Final Determination: The motion to reconsider and the motion to reopen were both dismissed.
Reasoning: The petitioner did not establish that the AAO’s prior decision was based on an incorrect application of law or policy, nor did he provide new facts that would warrant reopening the proceedings. His endeavor did not demonstrate the substantial national importance required for a national interest waiver.
