Date of Decision: September 14, 2021
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: Tourism, Travel Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the criteria established for the national interest waiver.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not establish that her proposed endeavor has substantial merit and national importance. The general background information about the tourism industry provided by the petitioner was not sufficient to demonstrate the national importance of her specific work.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Although she had a background in tourism and travel management, her documentation did not convincingly demonstrate her ability to significantly influence or advance the field in the United States.
- 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 the national interest in her contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work in travel management and tourism, focusing on areas such as medical tourism and ecotourism. She aimed to assist travel agencies and other businesses in the travel industry with innovative travel options and cost-saving strategies.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not recognized for its substantial merit and national importance. The evidence provided by the petitioner was deemed insufficient to show how her work would have a significant impact on the tourism industry or the national economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would benefit the United States by enhancing the competitiveness of the travel industry. However, the documentation did not support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted a business plan, articles about the tourism industry, and information about her past work experience. However, these documents did not adequately demonstrate her ability to significantly impact her field or provide substantial benefits to the United States.
Inconsistencies in Proposed Endeavor:
The petitioner’s description of her proposed endeavor was vague and inconsistent. The business plan contained conflicting information, and the petitioner’s assertions about the national importance of her work were speculative and not well-supported by the evidence provided.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but contained inconsistent and speculative information.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
Included articles and a business plan, but these did not sufficiently demonstrate the national importance or substantial impact of the petitioner’s proposed work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor has substantial merit and national importance, nor did she show that she was well-positioned to advance her proposed endeavor. The evidence provided was insufficient to support her claims of significant impact and national importance.
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