Date of Decision: July 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing
Petitioner Information
Profession: Marketing Manager
Field: Marketing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Professional Memberships: The petitioner demonstrated membership in relevant professional associations, confirming her standing in the field of marketing.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to show that her proposed endeavor had national importance. While her work in marketing was recognized, the documentation did not clearly demonstrate the broader impact of her work on the U.S. economy or policy.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show she was well-positioned to advance her proposed endeavor. The submitted documents did not convincingly demonstrate her capacity to significantly influence or advance the field of marketing.
Key Points from the Decision
Proposed Endeavor: The petitioner proposed to continue her career as a marketing manager in the United States, focusing on planning, directing, and coordinating marketing policies and programs. She aimed to contribute to the U.S. economy by enhancing marketing strategies and promoting business growth.
Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its substantial merit due to its potential to address business development and economic growth. However, the documentation did not show that her work had broader implications that would significantly impact the U.S. economy at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process: The petitioner argued that her work would contribute to the U.S. economy by enhancing marketing strategies and promoting business growth. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process, especially given the existing process to address such needs through labor certification.
Supporting Evidence
The petitioner submitted her curriculum vitae, academic credentials, and letters of support. These documents demonstrated her involvement in the marketing field. However, the evidence did not sufficiently show that her contributions would have a substantial positive impact on the U.S. economy or create significant job opportunities.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that her proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
Download the Full Petition Review Here
