Date of Decision: November 8, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Human Resources Consulting
Petitioner Information
Profession: Human Resources Consultant
Field: Human Resources Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner was determined to qualify as a member of the professions holding an advanced degree, having obtained the foreign equivalent of a bachelor’s degree in psychology followed by at least five years of progressive work experience.
Criteria Not Met:
- National Importance: The Petitioner did not establish that her proposed endeavor—operating a human resources consultancy business—has national importance. The evidence provided did not demonstrate that the Petitioner’s work would have a significant impact beyond her immediate business operations to benefit the U.S. economy or the human resources consulting industry on a national scale.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to operate a human resources consultancy business in Florida, offering services such as coaching, therapy, assessments, personal development, personal branding, and counseling, targeting executives, public officials, entrepreneurs, and business owners.
Substantial Merit and National Importance:
The appeal was dismissed because the Petitioner did not demonstrate that the proposed endeavor would have a significant impact on the U.S. economy or the human resources consulting industry on a national scale. While the endeavor has substantial merit, the Director concluded that it would likely be confined to the Petitioner’s business operations and clients without broader implications for the industry or the U.S. economy. The business plan estimated the creation of seven jobs and a profit of $250,000 by year five, but these projections were not sufficiently supported by independent evidence, making them speculative. The Petitioner’s claims about the importance of human resources services were considered general and not specific to her proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed in detail because the Petitioner did not satisfy the first prong of the Dhanasar framework regarding national importance.
Supporting Evidence:
The Petitioner submitted a business plan, letters from potential clients, and a bank letter, but these were insufficient to establish the national importance of the endeavor. The evidence showed that the Petitioner’s work could benefit individual clients but did not demonstrate a broader impact on the U.S. economy or human resources consulting industry.
Inconsistencies in Proposed Endeavor:
The Director found that the Petitioner’s business plan and other evidence did not sufficiently connect the proposed business activities to broader industry-wide or national impacts. The Petitioner’s arguments and evidence about the national importance of her work were not supported by detailed analysis or corroborating evidence.
Supporting Documentation
Business Plan:
The business plan outlined the Petitioner’s strategy for establishing and growing the consultancy but lacked detailed projections and evidence of how this would impact the broader U.S. economy or human resources industry.
Letters from Potential Clients:
The letters expressed interest in the Petitioner’s services but did not provide detailed support for the national importance of the proposed consultancy.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that her proposed endeavor as a human resources consultant would have national importance or broader implications in the field of human resources consulting. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
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