Date of Decision: August 24, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing
Petitioner Information
Profession: Marketing Specialist
Field: Marketing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Petitioner submitted a valid labor certification with a previous Form I-140.
Criterion 2: Additional evidence provided supports the claim of prior submission.
Criteria Not Met:
Criterion 1: Original labor certification was not accompanied by the petition as required.
Criterion 2: USCIS records did not reflect the claimed previous filing associated with the petitioner or beneficiary.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a marketing specialist within a food distribution company, leveraging their expertise in marketing strategies to enhance business operations.
Substantial Merit and National Importance:
The endeavor to employ a marketing specialist in a food distribution company holds substantial merit due to the potential positive impact on business efficiency and market reach. This role is critical in ensuring the company can effectively compete and contribute to the economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner provided a compelling argument that the marketing specialist’s role would be beneficial to the United States, especially given the lack of sufficient U.S. workers qualified for this specialized position. The petitioner’s efforts to secure labor certification and the delays encountered further emphasize the importance of waiving the labor certification requirement to expedite the beneficiary’s contribution to the U.S. economy.
Supporting Evidence:
The petitioner submitted copies of requests for evidence and notices of intent to deny from USCIS, which reference the petitioner and beneficiary. These documents suggest that the original labor certification was filed in support of a Form I-140 in August 2020.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
The petitioner provided letters of intent highlighting the beneficiary’s role and expected contributions to the company’s growth and market strategy.
Business Plan:
The business plan outlines the strategic objectives and the critical role of the marketing specialist in achieving these goals.
Advisory Letter:
The advisory letter from industry experts corroborates the necessity and importance of the marketing specialist’s role within the food distribution company.
Conclusion
Final Determination: The appeal was remanded for further consideration. The petitioner presented additional evidence supporting their claim that the original labor certification was submitted with a prior Form I-140. The Director is to review this new evidence and make a new determination.
Reasoning:
The petitioner effectively demonstrated that the original labor certification was filed previously, and the evidence provided on appeal warranted a re-evaluation of the decision. The remand allows the petitioner to address any remaining concerns and for the Director to issue a new decision based on a comprehensive review of all evidence.
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