Date of Decision: December 21, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Management and Human Resources
Petitioner Information
Profession: Management Specialist and Human Resources Expert
Field: Business Administration, Human Resources
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The petitioner demonstrated advanced academic qualifications, including a Ph.D. in Business Administration and a master’s degree in Human Resources.
Criterion 2: The petitioner provided background information on the importance of small and medium enterprises (SMEs) and their potential impact on the U.S. economy.
Criteria Not Met:
Criterion 1: The petitioner failed to demonstrate that her proposed endeavor, operating an online greeting card business, had substantial merit and national importance.
Criterion 2: The petitioner did not provide sufficient evidence of her expertise or experience in the greeting card industry, nor did she demonstrate significant economic impact or potential for substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to offer her expertise as a management specialist and human resources expert to SMEs in the U.S. However, she later shifted her proposed endeavor to operating an online greeting card business aimed at alleviating social isolation due to the COVID-19 pandemic. This substantial change in her proposed endeavor was not supported by sufficient evidence of its national importance or substantial merit.
Substantial Merit and National Importance:
The petitioner’s initial proposal lacked specific details on how her expertise would benefit SMEs. Her subsequent claim that an online greeting card business would alleviate social isolation and improve mental health was not substantiated by evidence demonstrating national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not demonstrate that her proposed endeavor as an online retailer would have significant potential to employ U.S. workers or provide substantial economic benefits. Her projection of hiring eight employees by the fifth year was not considered substantial enough to meet the national interest waiver criteria.
Key Quotes or References:
The petitioner did not provide supporting evidence or expert testimony that sufficiently corroborated her claims of national importance or substantial economic impact.
Supporting Evidence:
The petitioner’s supporting evidence included an advisory letter from an adjunct associate professor, which was found to be questionable due to lack of detailed supporting information and specific examples of the petitioner’s achievements. Additionally, a business plan submitted appeared to be a general template with no direct evidence of business operations or established supplier relationships.
Inconsistencies in Proposed Endeavor:
The petitioner initially proposed to work as a management specialist and human resources expert but later shifted to operating an online greeting card business. This change was not supported by consistent evidence or detailed plans, leading to questions about the viability and national importance of her proposed endeavor.
Supporting Documentation
Business Plan:
The business plan submitted by the petitioner was a draft document with formatting errors, indicating it was based on a general template. It lacked evidence of actual business operations, established relationships with suppliers, or specific economic impact projections.
Advisory Letter:
The advisory letter from an adjunct associate professor praised the petitioner’s expertise but lacked specific examples or detailed information about her qualifications and experience in the greeting card industry.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner failed to meet the first prong of the Dhanasar analytical framework, demonstrating that her proposed endeavor had substantial merit and national importance. Additionally, she did not establish eligibility for the underlying immigrant classification as an advanced degree professional or an individual of exceptional ability.
