Date of Decision: August 24, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Analysis and Consulting
Petitioner Information
Profession: Legal Analyst and Consultant
Field: Legal Analysis, Business Consulting, Cross-Border Legal Issues
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed endeavor had substantial merit. His work in helping U.S. companies navigate complex tax, labor, contractual, and public laws, and assisting foreign companies entering the U.S. market, was acknowledged to have significant implications for facilitating business operations.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. While he submitted documentation of his education, work experience, and specialized training, these did not convincingly demonstrate his capacity to influence or advance the field of legal analysis and consulting significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to establish a legal analysis and consulting business to help U.S. companies operating in Latin America and foreign companies entering the U.S. market navigate complex legal and regulatory issues.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential to facilitate cross-border business operations. However, the broader national importance of his work was not sufficiently demonstrated to meet the criteria for a national interest waiver.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the United States by enhancing business operations and legal compliance for companies. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, letters from business owners expressing their intention to hire him, and articles on the importance of cross-border business operations. However, these documents did not adequately demonstrate his ability to significantly impact the field of legal analysis and consulting.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of legal analysis and consulting.
Supporting Documentation
Letters of Intent:
Several letters from business owners indicating their intention to hire the petitioner were provided but did not sufficiently demonstrate national importance.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Included letters from business owners and articles, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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