Date of Decision: May 27, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nonprofit Management
Petitioner Information
Profession: Nonprofit Executive
Field: Nonprofit Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: Not established
- Exceptional Ability: The petitioner did not sufficiently demonstrate exceptional ability in nonprofit management.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate the national importance of his proposed endeavor.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue managing nonprofit organizations that promote Korean culture and diversity in the United States through programs and events.
Substantial Merit and National Importance:
While the petitioner’s work in nonprofit management has substantial merit, the evidence did not sufficiently demonstrate the national importance of his specific proposed endeavor. The petitioner’s descriptions of his proposed endeavor focused on past achievements rather than potential prospective impact. The petitioner did not provide detailed information on how his activities would advance national interests on a broader level.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation of his past work, including certificates and letters of appreciation from various community organizations and government entities. However, these were insufficient to demonstrate that he is well positioned to advance his proposed endeavor. The certificates recognized his contributions to local events but did not establish significant contributions to the field of nonprofit management or recognition by peers in the field.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted certificates of appreciation, letters of support, and descriptions of his work with nonprofit organizations. However, these were not sufficient to demonstrate his qualifications and the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The motion to reconsider did not provide sufficient new arguments to establish errors in the prior decision.
Supporting Documentation
Letters of Intent: Provided but not sufficiently detailed to support the claim of national importance
Business Plan: Not provided or summarized in the decision
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance
Other Supporting Documentation: Included certificates of appreciation and letters of support, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that his proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The motion to reconsider was dismissed due to insufficient new evidence and failure to demonstrate errors in the previous decision.
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