Date of Decision: May 15, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
Profession: Sales Director
Field: Business
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner demonstrated substantial merit in her role by directing an organization’s sales teams, setting goals, analyzing data, and developing training programs.
Criteria Not Met:
- National Importance: The Petitioner failed to demonstrate that her endeavor was nationally important, as the specific impacts of her proposed activities were not sufficiently detailed or supported by evidence.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to work as a Sales Director across multiple companies, focusing on filling roles and supporting business growth in the U.S.
Substantial Merit and National Importance:
The appeal confirmed that while the Petitioner’s professional plans and the industry itself hold substantial merit, there was insufficient evidence to support claims of national importance or significant economic impact.
Supporting Evidence
The evidence provided was deemed insufficient to establish the national importance of the Petitioner’s work. Reports and professional plans did not convincingly outline how the endeavor would impact the business field broadly.
Inconsistencies in Proposed Endeavor
The Petitioner did not provide a clear explanation of how she would effectively function as a Sales Director for multiple companies simultaneously, which raised doubts about the feasibility of her plans.
Supporting Documentation
Letters of Intent:
Documents indicated potential interest from companies in the Petitioner’s skills, but were not sufficient to establish the national importance of her endeavor.
Professional Plan:
Outlined her goals and methods but lacked detailed evidence of national impact.
Conclusion
The final determination upheld the initial denial, stating the Petitioner did not sufficiently demonstrate that her endeavor had national importance. The decision emphasized the lack of detailed evidence and the speculative nature of the Petitioner’s claims regarding the broader economic impact.
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