Date of Decision: MAR. 27, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Human Resources
Petitioner Information
Profession: Human Resources Manager
Field: Human Resources
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner has approximately 13 years of experience working as the owner of a law firm and partner in Brazil, handling legal, operational, and administrative matters, including human resources administration and policies.
Criteria Not Met:
Criterion 1: The Petitioner did not establish that her proposed endeavor, which includes providing human resources consulting services and promoting diversity and inclusivity in U.S. businesses, has national importance.
Criterion 2: The Petitioner did not demonstrate that her proposed endeavor would impact the human resources industry or the U.S. economy at a level commensurate with national importance.
Key Points from the Decision
Proposed Endeavor
The Petitioner aims to create a human resources consulting company in the U.S. to provide services related to diversity, inclusivity, workplace safety, and employee relations. Her goal is to transfer her knowledge and experience to other professionals in the field and deliver training and lectures to increase employee awareness of critical workplace themes.
Substantial Merit and National Importance: While the Petitioner’s proposed endeavor has merit, the evidence provided did not show a broader national impact. The documentation did not sufficiently demonstrate that her consulting work would significantly influence the human resources industry or the U.S. economy on a national scale.
Supporting Evidence: The Petitioner included letters of support from colleagues and clients, business plans, and an expert opinion from an associate professor of marketing. However, these did not establish the national importance of her specific consulting and training activities.
Inconsistencies in Proposed Endeavor
The Petitioner’s evidence of her previous work and experience was not tied to a clear, specific proposed endeavor with a demonstrated national impact. The broader implications of her work were not sufficiently established.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: The business plans provided did not include detailed information on how the proposed endeavor would impact unemployment levels or the U.S. economy on a national scale.
Advisory Letter: Letters from colleagues and clients praised the Petitioner’s skills and contributions in Brazil but did not address the national importance of her proposed endeavor in the U.S.
Any other supporting documentation: The Petitioner submitted documentation of her legal and human resources work in Brazil, but this did not clearly demonstrate broader national implications in the U.S.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the first prong of the Dhanasar analytical framework, failing to establish that her proposed endeavor has national importance. The evidence provided did not sufficiently demonstrate a significant impact on the human resources industry or broader national interest. Consequently, the Petitioner did not qualify for the national interest waiver, and further analysis of the remaining criteria was unnecessary.
