Date of Decision: MAY 12, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Travel Management
Petitioner Information
Profession: Travel Management Specialist
Field: Travel Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Advanced Degree
The petitioner holds the equivalent of a U.S. master’s degree in hospitality management. - Criterion 2: Exceptional Ability
The petitioner claims exceptional ability but requires further review for confirmation.
Criteria Not Met:
- Criterion 1: Substantial Merit and National Importance
The initial decision did not recognize the national importance of the petitioner’s proposed endeavor. - Criterion 2: Labor Certification Waiver
It was not initially determined to be in the national interest to waive the labor certification process.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to provide advanced travel management services and strategic consulting in the travel industry. This includes destination branding, marketing, and digital services, along with crisis management and anti-crisis consulting.
Substantial Merit and National Importance:
The Director’s initial decision did not find the proposed endeavor to have substantial merit or national importance. However, upon appeal, it was determined that the matter warranted further review to establish the true value and importance of the endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not initially establish that waiving the labor certification would benefit the United States. The appeal decision calls for a deeper review to determine if the petitioner’s services indeed meet this criterion.
Supporting Evidence:
The petitioner provided various documents, including:
- Business Plan: Detailing the strategic approach and expected outcomes of the travel management services.
- Letters of Intent: From potential clients and collaborators within the travel industry.
- Advisory Letters: Highlighting the need for the petitioner’s services and their potential impact.
Inconsistencies in Proposed Endeavor:
Significant portions of the petitioner’s business plan and website content were found to be copied verbatim from other sources without proper acknowledgment. This raised concerns about the authenticity and originality of the petitioner’s proposed endeavor.
Supporting Documentation
Letters of Intent:
- Summary: The letters indicate a demand for the petitioner’s travel management services, supporting the claim of national importance.
Business Plan:
- Summary: The business plan outlines a comprehensive strategy for delivering advanced travel management services. However, the credibility is undermined by the copied content.
Advisory Letter:
- Summary: These letters provide expert opinions on the necessity and impact of the petitioner’s services, bolstering the argument for substantial merit.
Conclusion
Final Determination: The appeal was remanded for further review.
Reasoning: The initial decision did not fully consider the potential national importance of the petitioner’s services and inconsistencies in the documentation needed resolution.
Download the Full Petition Review Here
In Re: 20603148
Document Name: MAY122022_01B5203
