Date of Decision: September 15, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Supply Chain Management
Petitioner Information
Profession: Supply Chain Management Specialist
Field: Supply Chain Management, Logistics
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 field of supply chain management and logistics was acknowledged as important.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. While he had notable experience and qualifications, he did not convincingly demonstrate his capacity to significantly influence or advance the field of supply chain management.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate a national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his career in supply chain management by providing expert advice and guidance on optimizing the flow of materials, information, and finances. He aimed to manage the entire life cycle of a product, ensuring efficient movement of goods from supplier to customer. Additionally, he intended to use his expertise to train the next generation of logistics professionals.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential to improve supply chain processes and efficiency. However, the documentation did not show that his work would have a broader impact beyond his employers and clientele, which is necessary to meet the national importance criterion.
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 contribute to the U.S. economy by improving supply chain management and training future professionals. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, letters of reference, and evidence of his professional experience. While these documents demonstrated his qualifications, they did not adequately show his ability to impact the field of supply chain management on a national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of supply chain management.
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 his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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