Date of Decision: June 24, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
Profession: Business Manager
Field: Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- None stated: The Director’s decision did not conclusively determine that the petitioner met any specific criteria for the national interest waiver.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not sufficiently demonstrate that the proposed endeavor had substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide enough evidence to show they were well-positioned to advance their proposed endeavor.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to prove that waiving the labor certification requirement would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue their career in business management, aiming to leverage their expertise to benefit the U.S. economy.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor lacked sufficient evidence to be recognized for its substantial merit and national importance. The documentation provided did not clearly show a significant prospective impact.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate evidence to support the claim that waiving the labor certification requirement would be beneficial to the United States. The national interest in their contributions was not convincingly demonstrated.
Supporting Evidence:
The petitioner submitted their academic credentials, an evaluation of their training, education, and experience, and various professional documents. However, these did not sufficiently establish the petitioner’s exceptional ability or the national importance of their proposed endeavor.
Inconsistencies in Proposed Endeavor:
There were discrepancies and ambiguities in the petitioner’s academic and professional records that were not resolved. The evaluator’s report on the petitioner’s foreign degree contained inconsistencies that were not addressed.
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 academic records and a professional evaluation, but these did not adequately demonstrate the petitioner’s significant impact in the field of business management.
Conclusion
Final Determination: The decision was remanded.
Reasoning: The petitioner did not meet the criteria for demonstrating eligibility as an advanced degree professional or an individual of exceptional ability. Additionally, the evidence provided was insufficient to support claims of substantial merit, national importance, or significant impact justifying a waiver of the labor certification requirement.
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