Date of Decision: October 29, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing Management
Petitioner Information
Profession: Marketing Manager
Field: Marketing Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor in marketing management has substantial merit.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to show that her proposed endeavor is of national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not convincingly demonstrate that she is well-positioned to advance her proposed endeavor. Although documentation of her academic credentials and work experience was provided, it did not convincingly establish her capacity to significantly influence or advance the field of marketing management.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to demonstrate that waiving the labor certification requirement would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work in marketing management, focusing on branding, sales, and marketing strategies for her own U.S. companies, which serve individuals with Autism Spectrum Disorder (ASD).
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor was recognized for its substantial merit due to its potential impact on marketing strategies and business development, the national importance was not sufficiently demonstrated.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide sufficient evidence to support the claim that her contributions to marketing management would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her curriculum vitae, academic credentials, letters from former employers, and recommendation letters. However, these documents did not adequately demonstrate her significant impact in the field of marketing management.
Inconsistencies in Proposed Endeavor:
The petitioner initially described her endeavor as continuing work in marketing management for multinational companies but later shifted focus to operating her own businesses in the ASD sector, which created inconsistencies.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided, but it did not sufficiently support the claim of national importance.
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
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
