Date of Decision: January 11, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Admissions and Marketing
Petitioner Information
Profession: Admissions and Marketing Director
Field: Marketing Scholar Specialist
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The petitioner’s endeavor of marketing and admissions in education was considered to have substantial merit as it potentially impacts student enrollment.
Educational Impact: The petitioner demonstrated knowledge and experience in the field of education, aiming to improve student enrollment processes.
Criteria Not Met:
National Importance: The petitioner’s endeavor did not demonstrate a national importance that extends beyond the impact on their specific institution.
Economic Impact: Insufficient evidence was provided to show that the endeavor would have significant economic benefits or job creation on a national level.
Key Points from the Decision
Proposed Endeavor
The petitioner’s proposed endeavor involved improving admissions and marketing processes at a university to enhance student enrollment and, by extension, the quality of education and future professionals in the United States.
Substantial Merit and National Importance
The petitioner’s work was recognized as having substantial merit, particularly in the context of improving educational processes. However, it was not deemed to have national importance because the impact did not extend beyond the petitioner’s university and its immediate stakeholders.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The petitioner failed to demonstrate that waiving the labor certification process would benefit the United States to a degree that justified the waiver. The evidence did not show broader implications or significant positive economic effects at a national level.
Key Quotes or References:
- “The petitioner’s endeavor did not show broader implications that would impact the field or U.S. economy more broadly.”
- “The petitioner’s proposed work does not meet the first prong of the Dhanasar framework.”
Supporting Evidence
The petitioner provided evidence including letters of support from students and university officials, highlighting the petitioner’s role and impact on student enrollment. However, these were not sufficient to establish the national importance required for the waiver.
Key Quotes or References:
- “The support letters discussed the petitioner’s effectiveness but did not address the national importance of the proposed endeavor.”
- “Evidence of decreased international student enrollment and its economic impact was noted but not linked to the petitioner’s specific endeavor.”
Inconsistencies in Proposed Endeavor
No significant inconsistencies were noted in the petitioner’s proposed endeavor, but the overall impact was deemed insufficient for national interest.
Supporting Documentation
Business Plan (if applicable)Not provided or applicable in this case.
Advisory Letter (if applicable)
Summarized the support for the petitioner’s expertise and contribution to student enrollment but did not establish national importance.
Any other supporting documentation (if applicable)
Additional documentation included articles on international student enrollment trends and economic impacts but lacked direct linkage to the petitioner’s proposed endeavor.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner’s endeavor was recognized for its substantial merit within the context of educational admissions and marketing. However, it failed to meet the necessary criteria for national importance, as its impact did not extend beyond the petitioner’s immediate professional environment.
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