Date of Decision: February 28, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Development
Petitioner Information
Profession: Business Development Manager
Field: Business Development
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Degree, diploma, certificate, or similar award: The Petitioner provided evidence of a master of public administration degree from [University], which was considered sufficient to meet this criterion.
Criteria Not Met:
Professional experience and recognition: The Petitioner failed to provide adequate evidence that her role as a business development manager met the definition of a profession as required under section 101(a)(32) of the Act.
Exceptional ability: The documentation provided did not satisfy the additional evidentiary criteria for exceptional ability in the field of business development.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intended to advance her career as a business development manager by leveraging her expertise to benefit the U.S. economy.
Substantial Merit and National Importance:
Summary: The Petitioner argued that her work had substantial merit and national importance due to her involvement in business development and policy consultancy.
Key Quotes: The decision noted that while the Petitioner’s work was significant, it did not rise to the level required to demonstrate substantial merit and national importance under the new framework set forth in Matter of Dhanasar.
Supporting Evidence:
Summary: The Petitioner provided various documents, including reference letters, presentation slides, and evidence of speaking engagements.
Key Quotes: The reference letters highlighted the Petitioner’s contributions to policy development and anti-corruption measures, but were insufficient to establish her exceptional ability or the national importance of her work.
Inconsistencies in Proposed Endeavor:
Summary: The decision pointed out inconsistencies in the Petitioner’s claims regarding the national importance of her work and the lack of evidence supporting her recognition for achievements in her field.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: The Petitioner provided letters from various professionals and institutions, but these were deemed insufficient to establish her eligibility.
Other Supporting Documentation: Presentation slides and agenda listings for speaking engagements were included but did not significantly impact the decision.
Conclusion
Final Determination: Denied
Reasoning:
The Petitioner did not meet the necessary criteria to establish eligibility as a member of the professions holding an advanced degree or as an individual of exceptional ability.
The evidence provided did not demonstrate that her proposed endeavor had substantial merit and national importance, nor that she was well-positioned to advance the endeavor to the extent required for a national interest waiver.
