Date of Decision: June 10, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Education and Financial Analysis
Petitioner Information
Profession: Business Teacher/Financial Analyst
Field: Business Education, Financial Analysis, Cybersecurity
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed endeavor in teaching business courses and working in financial analysis has substantial merit. However, it did not meet the threshold for national importance as per the Dhanasar framework.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. The petition lacked a detailed description of the proposed endeavor, which made it difficult to assess his positioning effectively.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that waiving the labor certification requirement would be beneficial to the United States. The evidence did not sufficiently demonstrate that his contributions would have a significant national impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a business teacher and financial analyst, intending to teach business courses at post-secondary institutions and contribute to cybersecurity efforts at a corporate level.
Substantial Merit and National Importance:
While the petitioner’s work in business education and financial analysis was recognized for its substantial merit, it was not deemed to have sufficient national importance. The potential impact of his teaching and analytical work did not extend broadly enough to meet the criteria for national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would benefit the United States by enhancing business education and financial analysis. However, he did not provide adequate evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, and a personal statement. He also provided a completed ETA-750 Part B and a letter from his current employer. However, these documents did not adequately demonstrate his ability to significantly impact his field on a national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of business education or financial analysis.
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 letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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