Date of Decision: August 21, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management Development
Petitioner Information
Profession: Business Development Manager
Field: Business Management Development
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The petitioner established qualifications as an individual of exceptional ability and as an advanced degree professional.
- Exceptional Ability in Business: The petitioner demonstrated qualifications as an individual of exceptional ability in business.
Criteria Not Met:
- National Interest Waiver: The petitioner did not establish that an exemption from the requirement of a job offer would be in the national interest of the United States.
- Influence on the Field: The petitioner did not demonstrate that her work had an impact on the field of business management development as a whole.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to pioneer a new approach to developing business strategies that combines methods from two professors, focusing on involving every employee in the company to solve pressing issues.
Substantial Merit and National Importance:
The petitioner’s work was considered innovative and beneficial for the company she worked with, resulting in increased hiring and revenue growth. However, it was not demonstrated that these contributions had a broader impact on the field of business management development.
Supporting Evidence:
- Letters of Recommendation: Several letters highlighted the petitioner’s contributions to her field, but they lacked sufficient documentary evidence to support claims of pioneering new methods.
- Previous Accomplishments: The petitioner provided letters and statements regarding her past successes, but they were not adequately supported by documentary evidence to prove a significant influence on the field.
Inconsistencies in Proposed Endeavor:
The petitioner claimed to have invented and implemented a new approach to business strategy, but failed to provide sufficient documentary evidence to support this claim.
Supporting Documentation
Letters of Intent:
Summary of the petitioner’s contributions to organizations, but lacking in detailed documentary evidence to support claims of pioneering efforts.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
A new letter from a previous employer stating the petitioner’s unique approach to business strategy, but again lacking in documentary evidence to substantiate the claims.
Conclusion
The appeal was denied. The petitioner did not establish eligibility for the underlying immigrant classification and failed to demonstrate that waiving the job offer requirement would be in the national interest of the United States.
