Date of Decision: September 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Labor Relations
Petitioner Information
Profession: Labor Relations Consultant
Field: Labor Relations
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Degree from an Institution of Learning: The petitioner provided documentation showing she earned a degree, diploma, or certificate from an institution of learning related to her area of exceptional ability.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor has substantial merit and national importance. The Director found the record did not establish this criterion.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Although she provided academic credentials and letters of support, these did not convincingly demonstrate her capacity to significantly influence or advance the field of labor relations.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in her contributions.
- Ten Years of Full-Time Experience: The petitioner did not provide evidence from current or former employers demonstrating she has at least ten years of full-time experience in the occupation.
- License to Practice: The petitioner did not submit evidence that she possesses a license to practice her profession.
- Salary Indicating Exceptional Ability: The petitioner did not provide sufficient evidence that she commanded a salary or other remuneration indicative of exceptional ability.
- Membership in Professional Associations: The petitioner did not submit evidence of membership in professional associations.
- Recognition for Achievements and Significant Contributions: The petitioner did not provide sufficient evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional organizations.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as a labor relations consultant, aiming to contribute to the field through her expertise and experience.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not recognized for its substantial merit and national importance due to a lack of sufficient evidence to support such claims.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would contribute to the United States by enhancing labor relations practices. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her curriculum vitae, academic credentials, and letters of support. However, these documents did not adequately demonstrate her ability to significantly impact her field. The letters from colleagues and professionals praised her work but did not provide concrete examples of her work being implemented or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized in the field of labor relations.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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