Date of Decision: August 19, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Sales and Marketing
Petitioner Information
Profession: Sales and Marketing Officer
Field: Sales and Marketing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet the criteria for advanced degree professional or individual of exceptional ability.
Criteria Not Met:
- Advanced Degree Professional: The petitioner did not provide sufficient evidence to demonstrate that he holds an advanced degree or its equivalent.
- Exceptional Ability: The petitioner did not provide evidence to demonstrate a degree of expertise significantly above that ordinarily encountered in the field.
- National Importance: The petitioner did not provide sufficient evidence to demonstrate that the proposed endeavor has both substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor in sales and marketing.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a sales and marketing officer, proposed to provide sales and marketing services to U.S. employers and clients. His work aimed to increase sales and improve marketing strategies for various organizations.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in sales and marketing has substantial merit. However, the Director concluded that the petitioner did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. economy or contribute substantially to national economic development.
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 benefit the U.S. economy by increasing sales and improving marketing strategies for U.S. businesses. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable economic benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including a personal statement, letters of recommendation, and certificates of participation in training programs. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact or that he is well positioned to advance the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance. Additionally, there were inconsistencies in the petitioner’s documentation regarding his qualifications and the specific nature and impact of his proposed activities.
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 national importance of the petitioner’s work.
Any Other Supporting Documentation:
The petitioner provided certificates of participation and letters of recommendation, but these did not adequately demonstrate the national importance of his work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond his direct sales and marketing activities.
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