Date of Decision: September 20, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: General and Operations Management
Petitioner Information
Profession: General and Operations Professional
Field: Plant Management, Project Management, Risk Assessment, Quality Control
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that his proposed endeavor in plant management and consulting services focused on project management, risk assessment, and quality control had substantial merit.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to show that his proposed endeavor would have a national impact or that it extended beyond his company and clientele to affect his field or industry more broadly.
- Well-Positioned to Advance the Proposed Endeavor: Although the petitioner submitted documentation of his business plan, academic credentials, and industry reports, these did not convincingly demonstrate his capacity to influence or advance the field of general and operations management significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue working in plant management and provide consulting services to U.S. manufacturers and production companies, focusing on project management, risk assessment, and quality control.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential to address critical issues in plant management and consulting. However, it did not demonstrate national importance as it did not extend beyond his company and clientele to impact the industry more broadly.
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 contribute to the United States by enhancing the management and operations of U.S. manufacturers. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted a business plan, academic credentials, industry reports, and articles about a shortage of general and operations managers. However, these documents did not adequately demonstrate his ability to significantly impact his field. The business plan included revenue and staffing forecasts but lacked detailed explanations and supporting evidence for these projections.
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 general and operations management.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but lacked detailed explanations and supporting evidence for revenue and staffing forecasts.
Advisory Letter:
Not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included industry reports and articles, which did not adequately demonstrate substantial positive economic effects or national importance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that he was well-positioned to advance it. Additionally, the petitioner failed to show 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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