Date of Decision: November 30, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Psychology
Petitioner Information
Profession: Consultant Psychologist
Field: Psychology, Business Coaching, Data Science, Artificial Intelligence
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the required criteria.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide consistent information regarding her proposed endeavor. Initial plans involved working in mental health research, but later she shifted to business coaching and AI development.
- Well-Positioned to Advance the Proposed Endeavor: The evidence did not convincingly demonstrate the petitioner’s capacity to significantly influence or advance her proposed endeavors.
- 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.
Key Points from the Decision
Proposed Endeavor:
The petitioner initially proposed to work as a clinical research coordinator focusing on mental health research. Later, she shifted her proposed endeavor to business coaching, data science, and artificial intelligence.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor lacked consistency. The initial focus on mental health shifted to business coaching and AI, without a clear, coherent plan, reducing the perceived substantial merit and national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued her work in psychology and business coaching would contribute to the U.S., but did not provide sufficient evidence to justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her curriculum vitae, academic credentials, initial and updated career plans, and letters of support. However, these documents did not adequately demonstrate her ability to significantly impact her field. The shift in her proposed endeavor raised questions about her focus and consistency.
Inconsistencies in Proposed Endeavor:
The petitioner’s proposed endeavors changed significantly between her initial filing and response to the RFE, creating inconsistencies that undermined her claims of substantial merit and national importance.
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 her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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