Date of Decision: April 3, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration and Marketing
Petitioner Information
Profession: Business Development and Marketing Director
Field: Business Administration and Marketing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Not explicitly detailed in the decision.
Criteria Not Met:
- Minimum Experience Requirements: The beneficiary did not possess the minimum experience of 24 months in the alternate occupation of marketing management by the priority date.
- Work Experience Verification: Inconsistencies in the beneficiary’s claimed work experience and documentation led to doubts about the veracity of the information provided.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a business development and marketing director for a Brazilian steakhouse.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the proposed endeavor. The focus was on the discrepancies in the beneficiary’s work experience and qualifications.
Supporting Evidence:
The petitioner provided several experience letters and Forms W-2 to support the beneficiary’s claimed work experience. However, the evidence presented contained inconsistencies and failed to adequately document the required 24 months of experience in marketing management.
Inconsistencies in Proposed Endeavor:
Several inconsistencies were noted in the beneficiary’s work experience, including differences in job titles and employment dates across various forms and documents. These inconsistencies led to a determination that the petitioner and the beneficiary had willfully misrepresented the beneficiary’s work experience.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
- Experience Letters: The letters provided did not sufficiently detail the beneficiary’s job duties and did not account for the required 24 months of experience in marketing management.
- Forms W-2: Indicated that the beneficiary’s employment history was inconsistent with the claims made in the petition.
Conclusion
The appeal was dismissed. The petitioner failed to establish that the beneficiary met the minimum experience requirements for the offered position. The inconsistencies in the beneficiary’s work history and the lack of adequate documentation led to the conclusion that the petitioner and the beneficiary had wilfully misrepresented the beneficiary’s qualifications to obtain an immigration benefit.
