Date of Decision: March 8, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Operations, Security and Risk Management
Petitioner Information
Profession: Operations Representative
Field: Operations, Security, and Risk Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Ten Years of Full-Time Experience: The petitioner provided an attestation from the Deputy Resident Director of an organization, confirming over ten years of full-time experience in the field.
Criteria Not Met:
- Advanced Degree or Exceptional Ability: The petitioner did not provide sufficient evidence of holding an advanced degree or demonstrating exceptional ability.
- Official Academic Records: The documents submitted were not considered official academic records as required.
- Salary or Remuneration Indicative of Exceptional Ability: The petitioner provided a single month’s earnings statement, which was not adequate to demonstrate consistent high earnings indicative of exceptional ability.
- Membership in Professional Associations: No evidence of membership in relevant professional associations was provided.
- Recognition for Achievements: The petitioner submitted a certificate of appreciation for length of service, which does not equate to recognition for significant achievements in the field.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue working in various fields related to security and risk management, aiming to contribute to crisis management, peacekeeping, and economic development.
Substantial Merit and National Importance:
While the proposed endeavors had potential merit, the petitioner did not provide adequate evidence to demonstrate substantial 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 sufficiently demonstrate that waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not support the claim of exceptional ability or the necessity of a national interest waiver.
Supporting Evidence:
The petitioner submitted a brief, academic credentials, and a single earnings statement. These documents did not collectively demonstrate the level of impact or recognition required for a national interest waiver.
Inconsistencies in Proposed Endeavor:
The petitioner’s claim of exceptional ability and the importance of their contributions were not substantiated by the evidence provided. There was a lack of documentation showing significant impact or recognition in the field.
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 and certificates, which praised the petitioner’s work but did not adequately demonstrate significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating exceptional ability or the need for a national interest waiver. The evidence provided was insufficient to support the claims of substantial impact and national importance.
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