Date of Decision: April 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: Management Analyst
Field: Business Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Appeal Dismissed, Motions to Reopen and Reconsider Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The Director’s decision and subsequent appeal did not acknowledge any criteria met by the petitioner.
Criteria Not Met:
- Required Experience: The petitioner failed to demonstrate that the beneficiary possessed at least five years of full-time, post-baccalaureate, business-related experience by the petition’s priority date.
- Job’s Need for an Advanced Degree Professional: The labor certification did not adequately demonstrate that the position required an advanced degree professional.
Key Points from the Decision
Proposed Endeavor:
The petitioner, an exporter and distributor of used clothing, sought to employ the beneficiary as a management analyst. The position was supposed to require an advanced degree in business administration or a bachelor’s degree with five years of progressive experience.
Substantial Merit and National Importance:
The Director and subsequent appeal did not address the substantial merit and national importance of the proposed endeavor due to the failure to meet basic qualification requirements.
Supporting Evidence:
The petitioner submitted various documents, including educational certificates, tax returns, and affidavits. However, these documents were found insufficient to establish the beneficiary’s continuous, full-time employment or the advanced degree requirement.
Inconsistencies in Proposed Endeavor:
The petitioner claimed the beneficiary had continuous, full-time employment, but the evidence showed inconsistencies, including periods of unemployment and part-time work, which were not adequately resolved.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petitioner provided affidavits and employment letters, but these were not corroborated with sufficient independent evidence to resolve inconsistencies.
Conclusion
Final Determination: The appeal and motions were dismissed.
Reasoning: The petitioner failed to demonstrate the beneficiary’s qualifying experience and the job’s need for an advanced degree professional. The inconsistencies in the evidence and the failure to meet basic qualification requirements led to the dismissal.
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