Date of Decision: June 23, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Media and Marketing
Petitioner Information
Profession: Media and Marketing Professional
Field: Media and Marketing
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance:
The Petitioner demonstrated that his endeavor in media and marketing has substantial merit, citing industry analyses, economic benefits of advertising, and the value of market research.
Criteria Not Met:
National Importance:
The Petitioner did not sufficiently establish that his proposed endeavor has national importance. The potential impact on the U.S. economy, job market, or advertising industry was not adequately demonstrated.
Potential to Advance the Proposed Endeavor:
Although the Petitioner showed his qualifications and the interest of potential clients, he failed to prove that his endeavor would have a broader impact beyond his immediate business.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends to implement innovative marketing, advertising, and media strategies, planning to start a consultancy in the U.S. focused on advertising and marketing sectors.
Substantial Merit and National Importance:
While the Petitioner’s work in media and marketing has substantial merit, the evidence did not show broader implications that would rise to 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 waiving the job offer and labor certification requirements would significantly benefit the United States. The national importance of the endeavor was not adequately supported by the provided evidence.
Supporting Evidence
The Petitioner submitted a business plan, recommendation letters, and industry articles. However, these did not sufficiently prove the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor
The business plan projections and economic benefits were not adequately supported. There was a lack of detailed evidence to substantiate the expected growth and impact.
Supporting Documentation
Letters of Intent:
The Petitioner provided letters from colleagues and potential clients, which highlighted his skills and interest in his services.
Business Plan:
Included financial forecasts, market analyses, and strategies, but lacked detailed explanations and supporting evidence for projections.
Conclusion
Final Determination: The appeal was dismissed. The Petitioner did not establish that his proposed endeavor in media and marketing meets the national importance criterion required for a National Interest Waiver.
Reasoning:
The evidence provided did not sufficiently demonstrate that the Petitioner’s work would have a broader impact beyond his business and immediate clients. The national importance of the endeavor was not adequately proven, and thus the waiver was not granted.
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