Date of Decision: October 4, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Services
Petitioner Information
Profession: Attorney
Field: Legal Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Field of Knowledge:
The petitioner demonstrated that the offered position falls under a field of knowledge commonly offered for study in colleges and universities, specifically in the areas of law and legal services.
Criteria Not Met:
Substantial Merit and National Importance:
The petitioner did not sufficiently demonstrate that her proposed endeavor has substantial merit and national importance as required by the first prong of the Dhanasar analytical framework.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to continue her work as special counsel to various companies, focusing on promoting free and fair trade between the United States and Middle Eastern countries, particularly Iran. Her duties include providing legal advice, managing client accounts, and guiding international teams on regulatory compliance.
Substantial Merit and National Importance:
While the petitioner’s work in legal services has potential merit, the evidence provided did not sufficiently demonstrate its national importance. The petitioner’s proposed work was focused on providing legal services to her employers and their clients but did not show broader implications or significant impact on U.S. foreign trade or cultural relations at a national level.
Supporting Evidence:
The petitioner submitted letters of support from her employers, detailing her responsibilities and contributions. Additionally, she provided articles related to U.S.-Iran relations and the importance of promoting trade and cultural diplomacy. However, this documentation was not sufficient to demonstrate the national importance of the petitioner’s specific legal work.
Inconsistencies in Proposed Endeavor:
The evidence did not show that the petitioner’s proposed endeavor would significantly impact U.S. foreign trade or cultural relations beyond her employers and their clients. The petitioner did not provide sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
The petitioner provided letters of support, but these did not sufficiently establish the broader impact of her work or its national importance.
Any other supporting documentation:
The petitioner provided additional documents, including academic publications and project descriptions, but these did not collectively meet the criteria for demonstrating the substantial merit and national importance of her proposed endeavor.
Conclusion
Final Determination:
The appeal was dismissed. The petitioner did not establish that her proposed endeavor met the substantial merit and national importance criteria necessary for a national interest waiver.
Reasoning:
The evidence provided did not adequately demonstrate the national importance of the petitioner’s proposed work. The petitioner’s activities and accomplishments were deemed insufficient to meet the criteria of the Dhanasar framework. Consequently, the petition was denied based on the inability to demonstrate that the proposed endeavor has broader implications and significant impact at the national level.
