Date of Decision: June 9, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Public Relations
Petitioner Information
Profession: Public Relations Specialist
Field: Communications, Risk and Crisis Communications, Public Relations
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 the proposed endeavor had substantial merit. The petitioner’s experience and knowledge in communications, particularly in risk and crisis communications, were acknowledged as valuable contributions to the field of public relations.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show they were well-positioned to advance the proposed endeavor. Although the petitioner submitted documentation of their academic credentials, published articles, and letters of support, these did not convincingly demonstrate their capacity to influence or advance the fields of communications and public relations 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 their contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue using their expertise in communications and public relations to support American companies and contribute to the development of U.S. public relations professionals and students through teaching and research.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential to address critical issues in public relations and communications. However, the petitioner did not sufficiently demonstrate how the endeavor would have a broader impact beyond their immediate employer or students.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that their work would contribute to the United States by enhancing the body of knowledge in communications and public relations. However, they did not provide sufficient evidence to support the claim that their contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted their curriculum vitae, academic credentials, published articles, and letters of support. However, these documents did not adequately demonstrate their ability to significantly impact their field. The letters from colleagues and professionals praised their work but did not provide concrete examples of their research being implemented or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about their influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that their work had been widely adopted or recognized in the field of public relations and communications.
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 from colleagues and professionals, which praised their work but did not adequately demonstrate their significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that they are well-positioned to advance their proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support their claims of substantial impact and national importance.
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