Date of Decision: December 27, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Human Resources and Marketing Communication
Petitioner Information
Profession: Human Resources and Marketing Communication Specialist
Field: Human Resources and Marketing Communication
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner was recognized as meeting the criteria for an advanced degree professional.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that her proposed endeavor in human resources and marketing communication has national importance. The Director concluded that while the petitioner’s work has merit, it does not extend beyond her company and clients to impact the U.S. economy or the human resources industry on a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work in the United States as a human resources and marketing communications specialist through her company, providing customized analysis and project management services related to human resources and organizational communication. The petitioner’s business plan included a focus on small and medium-sized U.S. companies in the fields of marketing, communications, and education, with plans to gradually expand operations throughout Florida.
Substantial Merit and National Importance:
While the petitioner’s work in human resources and marketing communication has substantial merit, the evidence did not sufficiently demonstrate the national importance of her specific proposed endeavor. The Director noted that the petitioner’s business plan, while detailed, did not show how the endeavor would have a significant impact beyond her company to influence the broader U.S. economy or human resources field. The petitioner’s argument that her work would help businesses improve their effectiveness and create jobs was not supported by sufficient evidence to demonstrate a national-level impact.
Well Positioned to Advance the Proposed Endeavor:
This aspect was not analyzed in detail, as the petition was dismissed based on the lack of national importance. The petitioner’s qualifications and business plan were recognized but did not align with the broader impacts required to demonstrate national importance under the Dhanasar framework.
On Balance, It Would Be Beneficial to Waive the Requirements of the Labor Certification Process:
This aspect was not reached in the analysis, as the petitioner did not satisfy the national importance prong of the Dhanasar framework.
Supporting Evidence:
The petitioner submitted various documents, including a business plan, letters of support, and expert opinion letters from academic professionals. However, these were not sufficient to demonstrate the national importance of the proposed endeavor or that the petitioner is well-positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of the proposed endeavor. The Director noted that while the petitioner’s work may benefit specific companies, it was not shown to have a national impact on the human resources or marketing communication industries.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Provided but lacked sufficient detail to support the claim of national importance
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance
Other Supporting Documentation: Included a business plan, letters of support, and expert opinion letters, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that the proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. As a result, the petitioner did not demonstrate eligibility for or merit a national interest waiver.
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