Date of Decision: October 25, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: TV Commercialization/Theater Management
Petitioner Information
Profession: General Manager
Field: TV Commercialization/Theater Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Approved, later revoked
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance:
The Beneficiary’s role as a general manager in TV commercialization and theater management is critical due to its impact on media and entertainment industries.
Beneficiary’s Qualifications:
The Beneficiary possesses the equivalent of a U.S. bachelor’s degree and more than five years of qualifying experience, meeting the requirements for the advanced degree professional classification.
Criteria Not Met:
Managerial Capacity:
The Director initially found that the Petitioner’s limited number of employees suggested that the Beneficiary would not be performing in a managerial capacity.
However, this requirement is not applicable for the classification of advanced degree professional under the relevant regulations and labor certification.
Employment with Other Employers:
The Director questioned the Beneficiary’s employment with another company while employed by the Petitioner, but this was found to be an unfounded concern based on the evidence.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary aims to work as a general manager in the Petitioner’s TV commercialization and theater management business.
Substantial Merit and National Importance:
The role is essential for the growth and management of the company’s operations in the media and entertainment sectors, which are significant industries.
Supporting Evidence:
The Petitioner provided evidence of the Beneficiary’s educational qualifications and extensive experience in the relevant field.
Additional documentation supported the Beneficiary’s role and the importance of her contributions to the company.
Inconsistencies in Proposed Endeavor:
The Director’s concerns about the Beneficiary’s managerial capacity and simultaneous employment with another company were addressed and found to be irrelevant to the classification requirements.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The Petitioner submitted evidence of the Beneficiary’s qualifications and experience, addressing the Director’s concerns and supporting the appeal.
Conclusion
Final Determination: The appeal was sustained. The Beneficiary’s qualifications and the substantial merit of her role were established, and the Director’s grounds for revocation were found to be unsupported by the record.
Reasoning:
The Beneficiary met the educational and experience requirements, and the Petitioner demonstrated the importance of her role. The Director’s concerns about managerial capacity and dual employment were found to be irrelevant to the classification.
Download the Full Petition Review Here
In Re: M-P- Inc.
Document Name: OCT252017_03B5203.pdf
