Date of Decision: February 17, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Logistics
Petitioner Information
Profession: Logistics Director
Field: Logistics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Interest Waiver: The petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work in the field of logistics, utilizing his advanced degree and experience to improve logistics operations.
Substantial Merit and National Importance:
The Director concluded that the petitioner’s proposed endeavor in logistics did not sufficiently demonstrate substantial merit and national importance to warrant a waiver of the job offer requirement.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence provided did not convince the Director that waiving the labor certification requirement would be beneficial to the United States. The petitioner’s contributions, while valuable, were not shown to have a significant national impact.
Supporting Evidence:
The petitioner submitted evidence of his advanced degree and professional experience in logistics. However, these were not sufficient to meet the national interest waiver criteria.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted, but the evidence did not adequately support the claim that the national interest would be served by waiving the job offer requirement.
Supporting Documentation
Letters of Intent:
Not provided or summarized in the decision.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
Included evidence of the petitioner’s qualifications and professional experience, but not sufficiently detailed to support the national interest waiver claim.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
Download the Full Petition Review Here
