Date of Decision: March 12, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Brand Ambassadorship
Petitioner Information
Profession: Brand Ambassador
Field: Marketing and Brand Representation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Interest Waiver Justification: The petitioner did not establish that a waiver of the required job offer and labor certification would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to continue working as a brand ambassador, contributing to marketing and brand representation efforts.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in brand ambassadorship did not sufficiently demonstrate substantial merit and national importance as required for a national interest waiver.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to provide compelling evidence that waiving the labor certification requirement would be beneficial to the United States.
Supporting Evidence:
The petitioner submitted evidence of their qualifications and past achievements as a brand ambassador, but this did not convincingly support the necessity of a national interest waiver.
Inconsistencies in Proposed Endeavor:
The documentation did not clearly justify the national interest in the petitioner’s work as a brand ambassador.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included qualifications and achievements, which were insufficient to demonstrate significant national interest.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that their work as a brand ambassador warranted a national interest waiver. The evidence provided was insufficient to justify the waiver of the labor certification requirement.
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