Date of Decision: November 29, 2023
Service Center: Texas 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 recognized as meeting the criteria for an advanced degree professional, qualifying for the EB-2 classification.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that her proposed endeavor in human resources consulting for the hotel industry has national importance. The Director and the Administrative Appeals Office (AAO) concluded that while the petitioner’s work has substantial merit, it does not extend beyond her consulting business to impact the U.S. economy or the hotel industry on a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to establish and operate a human resources consulting company that would provide services specifically tailored to the U.S. hotel industry. The petitioner aimed to implement her own program focused on the management of hotel employees, which she claimed would contribute to the recovery of the hotel sector from the effects of the COVID-19 pandemic.
Substantial Merit and National Importance:
While the petitioner’s work in human resources consulting for the hotel industry has substantial merit, the AAO found that the evidence provided did not sufficiently demonstrate its national importance. The AAO noted that the petitioner’s endeavor appeared to benefit her business and its clients but lacked broader implications for the U.S. economy or significant positive economic effects on a national scale. The petitioner’s arguments about the importance of the hotel industry were generalized and did not quantify how her specific consulting services would significantly contribute to the industry’s recovery or have national importance.
Well Positioned to Advance the Proposed Endeavor:
The AAO questioned the reliability and sufficiency of the evidence provided by the petitioner, particularly her proposed endeavor statement and personal statement, which appeared to contain digitally inserted signatures. The AAO also noted that the petitioner’s business plan was not a traditional plan but rather a PowerPoint presentation with pedagogical content, lacking critical details such as operational plans, location, and potential impact.
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 a business plan, proposed endeavor statement, and personal statement. However, these were not sufficient to demonstrate the national importance of the proposed endeavor or that the petitioner’s work would have a significant impact on the U.S. hotel industry at a national level.
Inconsistencies in Proposed Endeavor:
The AAO highlighted concerns about the authenticity of the documents submitted, including the proposed endeavor statement and personal statement, which undermined the reliability of the entire submission. Additionally, the business plan lacked the necessary details to establish a broader impact beyond the petitioner’s immediate business operations.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Provided, but it was a PowerPoint presentation with pedagogical content rather than a traditional business plan
Advisory Letter: Not provided
Other Supporting Documentation: Included proposed endeavor and personal statements, 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 she is well-positioned to advance it. Consequently, the petitioner did not demonstrate eligibility for or merit a national interest waiver.
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