Date of Decision: March 17, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Banking Management
Petitioner Information
Profession: Banking Management Specialist
Field: Human Resources in Banking
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The petitioner qualified as a member of the professions holding an advanced degree.
- Human Resources Expertise: The petitioner demonstrated substantial skills in developing employees and managing financial priorities.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not establish that her work as a bank manager would produce benefits beyond her employer and clients.
- Consistency in Proposed Endeavor: The petitioner provided inconsistent information regarding her proposed endeavor, impacting the evaluation under the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to help a large U.S. banking institution develop employees to enhance their financial lives and positively impact the U.S. economy through increased revenues.
Substantial Merit and National Importance:
The petitioner failed to demonstrate that her work would have broader implications beyond her employer and clients. Her proposed activities did not show significant potential to employ U.S. workers or produce substantial positive economic effects at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The inconsistencies in the petitioner’s proposed endeavors, including a new business plan introduced on appeal, prevented a clear assessment of her eligibility for a national interest waiver.
Supporting Evidence:
- Letters of Recommendation: Provided by former and current peers and managers, attesting to her exemplary performance and impact within her organization.
- Work Product Evidence: Included documents produced in her banking role and previous managerial positions in the hospitality industry.
Inconsistencies in Proposed Endeavor:
The petitioner initially proposed working as a bank manager but later introduced plans to start a delivery service business. These changes could not retroactively establish eligibility.
Supporting Documentation
Letters of Intent:
- Summary and Key Points: Provided to support her skills and achievements in banking management.
Advisory Letter:
- Summary and Key Points: Included recommendations from peers and managers highlighting her contributions and potential impact.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not sufficiently demonstrate the national importance of her proposed endeavor, nor did she maintain consistent information about her plans.
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