Date of Decision: March 17, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Human Resources and Banking
Petitioner Information
Profession: Management Specialist and Human Resources Expert
Field: Human Resources and Banking
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- Substantial Merit and National Importance: The Petitioner did not sufficiently demonstrate the national importance of her proposed endeavor under the first prong of the Dhanasar analytical framework.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to help a large U.S. banking institution develop its employees to become better bankers and positively impact the financial lives of many Americans.
Substantial Merit and National Importance:
The endeavor, while beneficial to the employer and clients, was not demonstrated to have broader implications for the field or significant potential to employ U.S. workers or have substantial positive economic effects at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence did not support that the Petitioner’s contributions were of national importance or that waiving the job offer and labor certification requirements would be beneficial to the United States.
Supporting Evidence:
- Letters of recommendation and work product evidence from her role in the banking and hospitality industries were provided.
- Evidence suggested the Petitioner is an exemplary banking employee but did not sufficiently demonstrate national importance.
Inconsistencies in Proposed Endeavor:
- The Petitioner initially proposed to work within the banking industry but later introduced a plan to start a delivery service partner business, which was not part of the original petition.
Supporting Documentation
Letters of Intent:
- Letters emphasized the Petitioner’s skills and impact within her current and former roles but failed to establish broader national importance.
Conclusion
Final Determination: The appeal was dismissed. The Petitioner did not establish the national importance of her proposed endeavor or that she was well positioned to advance it, according to the Dhanasar analytical framework.
Download the Full Petition Review Here
