Date of Decision: JAN. 17, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Strategy and Operations
Petitioner Information
Profession: Business Strategy and Operations Advisor
Field: Business Strategy and Operations
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Not applicable
Criterion 2: Not applicable
Criteria Not Met:
Criterion 1: Required Experience
Description: The Beneficiary did not possess the required two years of experience in the job offered as specified on the labor certification, with no experience counted in an alternate occupation.
Criterion 2: Relevant Job Duties
Description: The Beneficiary’s prior experience did not include key responsibilities such as conducting time studies, which are essential for the position offered.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to employ the beneficiary as a business strategy and operations advisor, primarily focusing on improving operational efficiencies within the company.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the proposed endeavor, focusing instead on the mismatch of experience requirements.
Supporting Evidence:
The petitioner provided job experience letters which were found insufficient to prove that the beneficiary met the specific duties and experience requirements outlined in the labor certification.
Inconsistencies in Proposed Endeavor:
Significant inconsistencies were noted between the beneficiary’s past job duties as a viral marketer and the required duties of a business strategy and operations advisor.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Not applicable
Conclusion
Final Determination: The appeal is dismissed as the beneficiary did not meet the required experience outlined in the labor certification, and the provided evidence was not sufficient to overturn the initial decision.
Reasoning: The key reason for the decision was the direct requirement of relevant job experience, which the beneficiary did not fulfill.
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