Date of Decision: October 31, 2022
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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner demonstrated that the Beneficiary possesses a bachelor’s degree in business administration.
Criteria Not Met:
Qualifying Experience: The Petitioner did not demonstrate that the Beneficiary possesses the required five years of progressive post-baccalaureate experience in the specialty.
Job’s Need for an Advanced Degree Professional: The labor certification did not demonstrate the job’s need for an advanced degree professional.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends to employ the Beneficiary as a management analyst, focusing on distributing used clothing and optimizing business operations.
Substantial Merit and National Importance:
While the proposed endeavor in business administration has potential merit, the evidence provided was insufficient to demonstrate that the endeavor has national importance. The supporting documentation did not adequately show the broader impact of the Beneficiary’s role on the U.S. economy.
Supporting Evidence:
The Petitioner submitted a bachelor’s degree in business administration, employment history, and letters from previous employers. However, there were discrepancies regarding the Beneficiary’s employment history and the relevance of his degree to the proposed position. The evidence did not sufficiently establish that his experience is directly related to the proposed role of management analyst.
Inconsistencies in Proposed Endeavor:
There were inconsistencies regarding the Beneficiary’s employment history, specifically related to his work experience at a U.S. ship chandlery. The discrepancies in the employment records and the differing amounts on the 2009 Forms W-2 cast doubt on the authenticity of the provided evidence.
Supporting Documentation
Letters of Intent:
None specified.
Business Plan:
Not applicable.
Advisory Letter:
Advisory letters described the Beneficiary’s expertise but did not establish the national importance of his proposed endeavor.
Any Other Supporting Documentation:
The Petitioner provided additional documentation, including academic evaluations and employment letters, but they did not resolve the inconsistencies in the Beneficiary’s work experience and the relevance of his degree to the proposed role.
Conclusion
The appeal was dismissed because the Petitioner did not establish that the Beneficiary meets the regulatory requirements for the EB-2 classification as an advanced degree professional. The Petitioner failed to demonstrate the Beneficiary’s qualifying experience for the offered position and the job’s need for an advanced degree professional. Consequently, the Petitioner did not qualify for a national interest waiver.
