Date of Decision: September 20, 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 Administration Professional
Field: Business Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability in the Sciences, Arts, or Business: The petitioner demonstrated exceptional ability by meeting the criteria related to professional experience and letters of support.
Criteria Not Met:
- Advanced Degree Professional: The petitioner did not meet the criteria for an advanced degree professional, as he did not possess a U.S. bachelor’s degree or its foreign equivalent.
- Waiver of the Job Offer Requirement: The petitioner failed to show that waiving the labor certification requirement would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to advance his career in business administration, leveraging his professional experience and educational background.
Substantial Merit and National Importance:
The petitioner’s endeavor was recognized for its merit in the field of business administration, but it was not established as having national importance due to insufficient evidence.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his contributions would benefit the U.S. economy. However, the evidence provided did not sufficiently demonstrate that his contributions warranted a waiver of the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, letters of support, and certificates. However, these documents did not adequately demonstrate his advanced degree equivalency or substantial impact in the field.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in 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 not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is an advanced degree professional or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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