Date of Decision: January 24, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Statistics
Petitioner Information
Profession: Statistician
Field: Statistics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Petitioner demonstrated that her proposed endeavor in statistical analysis and market research has substantial merit.
Criteria Not Met:
National Importance: The Petitioner did not sufficiently demonstrate that her proposed endeavor has national importance.
Balance of Benefits: The Petitioner did not establish that waiving the job offer requirement would be beneficial to the United States on balance.
Key Points from the Decision
Proposed Endeavor
The Petitioner intended to continue her career as a Market Research Analyst, using her expertise in statistical analysis, business intelligence, data mining, and finance to support corporate endeavors in the United States. She proposed to work with U.S. companies, identifying opportunities, collaborating on business growth, and solving internal and external issues involving departments, suppliers, and customers.
Substantial Merit and National Importance:
The endeavor to provide market research analysis and business intelligence services was acknowledged as having substantial merit. However, the project was not found to have national importance. The evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the field of statistics or broader U.S. interests on a national level.
Supporting Evidence:
The Petitioner submitted articles discussing the job outlook for market research analysts, marketing consultants, and data scientists. Additionally, she provided information on the importance of market research, the value of business intelligence, and the role of immigrants in the U.S. economy. These documents highlighted the general importance of her field but did not establish the broader national impact of her proposed activities.
Inconsistencies in Proposed Endeavor
The Petitioner initially claimed that her proposed endeavor involved continuing her work as a market research analyst. In response to a request for evidence (RFE), she introduced a new proposed endeavor involving research and development in data science and storage technologies. This material change in the proposed endeavor was not permissible and undermined the validity of the original petition.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The record included information about the value of market research and the importance of business intelligence but did not connect these to the Petitioner’s specific proposed contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to establish that her proposed endeavor had national importance. The record lacked detailed information on how her work would produce substantial positive effects or broader impacts at a national level. Additionally, the material change in the proposed endeavor during the appeal process further weakened the petition. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
