Date of Decision: September 28, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Logistics, Operations, and Finance
Petitioner Information
Profession: Logistician
Field: Logistics, Operations, Finance
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not successfully demonstrate any of the criteria necessary for the national interest waiver.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner’s proposed endeavor did not demonstrate significant potential impact beyond the scope of the petitioner’s immediate employer and clients. The activities proposed were specific to the petitioner’s current employer and did not indicate broader implications that would benefit the nation as a whole.
- Well-Positioned to Advance the Proposed Endeavor: The evidence provided failed to demonstrate that the petitioner was well-positioned to advance his proposed endeavor at a national level. While the petitioner outlined his responsibilities and past achievements, these were largely confined to his current employer and lacked the scope necessary to fulfill the national importance criterion.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not provide sufficient evidence to show that waiving the labor certification process would be beneficial to the United States. The arguments presented focused on the petitioner’s importance to his employer rather than on a broader national impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to apply for a position as Director of Operations or Finance with his current employer or with other large companies across the United States. His intended role included various logistical and financial responsibilities, such as managing ROI programs, creating financial statements, and improving supply chain efficiency.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor did not meet the criteria for substantial merit and national importance. The petitioner’s work was primarily focused on the internal operations of his employer and did not extend to a broader national or global impact within the field of logistics or operations.
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 in logistics and finance would create jobs and improve operations for his employer. However, the evidence provided did not demonstrate that these benefits would extend beyond his employer or have a significant positive impact on the U.S. economy as a whole.
Supporting Evidence:
The petitioner submitted his curriculum vitae, performance awards, and descriptions of his work responsibilities. However, these documents did not adequately demonstrate a broader impact or national importance of his proposed endeavors.
Inconsistencies in Proposed Endeavor:
The petitioner’s plan to apply for positions at other large companies in the U.S. while waiting for an opportunity within his current employer created inconsistencies in his argument about his importance to his current employer. The documentation provided did not reconcile these inconsistencies or provide sufficient evidence of the national significance of his work.
Supporting Documentation
Letters of Intent:
Not provided or summarized in the decision.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
Included performance awards and employer testimonials, which highlighted the petitioner’s achievements but did not demonstrate a broader national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the necessary criteria to demonstrate that his proposed endeavor had substantial merit, national importance, or that he was well-positioned to advance the endeavor. The evidence provided did not support waiving the labor certification requirement as beneficial to the United States.
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