Date of Decision: April 25, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Administrative Services
Petitioner Information
Profession: Administrative Services Manager
Field: Administrative Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: Acknowledged by the Director, recognizing the business plan and the economic activities proposed.
- Well-Positioned to Advance: Petitioner’s qualifications and experience emphasized as sufficient to manage the proposed business.
Criteria Not Met:
- National Importance: The Director and AAO found the petitioner’s proposed business did not demonstrate the broader national implications required for a national interest waiver.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to use her expertise to establish a mechanic services company in Florida, intending to offer comprehensive vehicle maintenance services.
Substantial Merit and National Importance:
The endeavor was acknowledged to have substantial merit in terms of economic activity but failed to demonstrate national importance as it did not present broader implications like substantial positive economic effects across the nation.
Supporting Evidence:
The business plan detailed the employment structure and projected job creation but lacked evidence to support national importance or substantial positive economic effects.
Inconsistencies in Proposed Endeavor:
The endeavor’s scope and potential impact were seen as limited to localized economic benefits, not aligning with the broader criteria of national importance.
Supporting Documentation
Business Plan:
Outlined employment plans and operational scope but did not convincingly demonstrate national importance or substantial positive economic effects.
Conclusion
The appeal was denied. The petitioner failed to demonstrate that the proposed endeavor had national importance, which is a requisite for the national interest waiver.
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