Date of Decision: June 21, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: Business Administrator
Field: Business Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor of leading a company in business administration has substantial merit and national importance. Her role in coordinating operational, commercial, and financial strategies is significant for the company’s growth and contributions to the U.S. economy.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she is well-positioned to advance her proposed endeavor. Issues were noted regarding the authenticity and clarity of her academic credentials and work experience.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not convincingly demonstrate the national interest in her contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to be the chief executive officer responsible for coordinating the operational, commercial, and financial strategies of a company distributing various products.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit and national importance due to its potential to enhance business operations and economic growth. Her role in leading the company and implementing strategies has broader implications for the industry.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would benefit the United States by improving business practices and contributing to economic development. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her diploma, academic transcripts, an evaluation of her degree and experience, and a resume. However, there were discrepancies in the documentation that raised questions about the authenticity and completeness of the evidence provided.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her qualifications and experience were not fully supported by the evidence provided. The documentation did not clearly show that she had the necessary qualifications and experience to significantly impact the field of business administration.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but did not sufficiently detail the national importance of the petitioner’s work.
Any Other Supporting Documentation:
Included a degree evaluation and resume, but these did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence was insufficient to support her claims of substantial impact and national importance.
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