Date of Decision: November 7, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Economics
Petitioner Information
Profession: Economist
Field: Economic Analysis and Forecasting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Bona Fide Job Offer: The Petitioner provided a detailed description of the duties associated with the economist position, confirming it as a bona fide job offer.
Criteria Not Met:
Qualifying Experience: The Petitioner did not sufficiently demonstrate that the Beneficiary possesses the required five years of progressive, post-baccalaureate experience in the job offered as an economist.
Specific Duties: Letters and evidence provided did not adequately detail the Beneficiary’s performance of specific economist duties, particularly those related to the advertising, public relations, and marketing sectors.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to employ the Beneficiary as an economist responsible for managing and improving economic analysis and forecasting models in the advertising and marketing business.
Substantial Merit and National Importance:
Merit: The role of an economist in an advertising agency is critical for economic analysis, forecasting, and advising clients on economic matters.
National Importance: The decision did not focus on the national importance aspect, emphasizing instead the required qualifications and specific experience for the offered position.
Supporting Evidence:
Employment Letters: Provided letters from colleagues and the Beneficiary’s accountant describing his duties during self-employment. However, the evidence was insufficient to establish that the Beneficiary’s experience constituted the job offered.
Tax Documentation: The Beneficiary’s tax documentation did not specify the nature of his work or the specific duties performed.
Inconsistencies in Proposed Endeavor:
The Beneficiary’s described experience included roles in real estate development and financial advising, which did not align with the specific duties of an economist for an advertising agency.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Letters from colleagues and the Beneficiary’s accountant provided, but lacked detail on specific duties and time spent on economist activities.
Any Other Supporting Documentation:
Individual tax documentation showed income declaration but did not clarify the nature of the work performed.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to establish the Beneficiary’s required five years of progressive experience in the job offered as an economist. The documentation provided was insufficient to verify the specific duties and time spent on economist activities, particularly in the context of an advertising agency.
Download the Full Petition Review Here
In Re: M-A-, Inc.
Document Name: NOV072017_01B5203
