Date of Decision: February 14, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Human Resource Management
Petitioner Information
Profession: Human Resource Management Professional
Field: Human Resource Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The Petitioner established eligibility for EB-2 classification as a member of the professions holding an advanced degree, supported by an education evaluation and employment letters documenting progressive experience in human resources management.
- Criterion 2: The Petitioner demonstrated substantial merit in the field of human resources management through academic credentials, professional experience, and achievements.
Criteria Not Met:
- Criterion 1: The Petitioner did not provide sufficient evidence to establish the national importance of her proposed endeavor, as required under the Dhanasar framework.
- Criterion 2: The Petitioner did not demonstrate that her proposed endeavor has broader implications beyond her potential employment or consultancy.
Key Points from the Decision
Proposed Endeavor:
The Petitioner described her proposed endeavor as being a certified Human Resource Generalist/Professional with the intent to bring her knowledge, experience, and skills to the USA.
Substantial Merit and National Importance:
The Director concluded that while the field of human resources management has substantial merit, the Petitioner failed to establish the broader implications of her proposed endeavor on a national scale. The Petitioner’s statements about enhancing diversity, promoting social cohesion, and contributing to economic growth were deemed insufficient without corroborating evidence of the endeavor’s broader impact.
Supporting Evidence:
The Petitioner provided a cover letter, recommendation letters, her resume, paystubs, certifications, awards, recognitions, and travel history. The recommendation letters generally praised her capabilities and supported her for permanent resident status, but they did not establish the broader national importance of her endeavor.
Inconsistencies in Proposed Endeavor:
The Director noted inconsistencies in the RFE response and appeal, where the Petitioner’s qualifications were highlighted instead of the national importance of her specific endeavor. This shift in focus did not satisfy the requirements of the first Dhanasar prong.
Supporting Documentation
Letters of Intent:
None specified.
Business Plan:
None specified.
Advisory Letter:
None specified.
Other Supporting Documentation:
The Petitioner’s academic certificates, transcripts, and employment letters were provided, demonstrating her qualifications but not establishing the national importance of her endeavor.
Conclusion
Final Determination:
The appeal was dismissed as the Petitioner did not meet the requisite first prong of the Dhanasar analytical framework, thus failing to establish eligibility for a national interest waiver.
Reasoning:
The Petitioner’s evidence did not sufficiently demonstrate that her proposed endeavor in human resources management would have a broader impact on the field or on the U.S. economy to the extent required to qualify for a national interest waiver.
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