Date of Decision: August 23, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Human Resources Management
Petitioner Information
Profession: Human Resources Manager
Field: Human Resources Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance:
- The petitioner argued that HR professionals are crucial in strategic decision-making and workforce management, which can substantially impact company efficiency.
Petitioner’s Qualifications:
- The petitioner has extensive experience in HR, having worked as a senior manpower and recruitment officer and a human resources partner.
Criteria Not Met:
Specific Proposed Endeavor:
- The petitioner did not provide a clear, specific proposed endeavor. The information provided was general and did not demonstrate how the petitioner’s work would have broader implications or national importance.
Exceptional Ability:
- The petitioner did not specify if they sought classification as an individual with exceptional ability in business or as a member of the professions holding an advanced degree, and the evidence did not demonstrate exceptional ability in a clear and convincing manner.
Key Points from the Decision
Proposed Endeavor:
- The petitioner intended to work as an HR manager or as an external consultant providing freelance services. However, the proposed endeavor was not clearly defined, making it difficult to assess its impact.
Substantial Merit and National Importance:
- The petitioner’s proposed work in HR was recognized as important within companies but did not demonstrate national importance beyond the individual employers.
Waiver of the Labor Certification Process:
- The petitioner did not show that waiving the labor certification process would be beneficial to the United States. The lack of a detailed description of the proposed endeavor hindered this assessment.
Supporting Evidence
Letters of Intent:
- Provided reference letters from employers supporting the petitioner’s qualifications and experience in HR management.
Business Plan:
- The petitioner submitted a business plan for a newly established company, but it was created after the denial of the initial petition and thus was not considered in the initial decision.
Advisory Letter:
- Included letters from past employers, but these did not sufficiently address the criteria for exceptional ability or the specific proposed endeavor.
Conclusion
Final Determination: Denied
Reasoning:
- The petitioner failed to meet the first prong of the Dhanasar framework by not establishing the substantial merit and national importance of the proposed endeavor. The petitioner also did not provide sufficient evidence to qualify as a member of the professions holding an advanced degree or as an individual of exceptional ability.
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