Date of Decision: May 25, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Agricultural Business Management
Petitioner Information
Profession: Agricultural Business Director
Field: Agricultural Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified for classification as a member of the professions holding an advanced degree.
- Substantial Merit: The petitioner demonstrated the substantial merit of his proposed endeavor to optimize agricultural machinery and services through an online platform.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate the national importance of his proposed endeavor.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to operate a U.S. company to develop the U.S. market for solutions for the more efficient and effective use of unused agricultural equipment. The primary service provided would be the optimization of agricultural machinery and services through an online platform.
Substantial Merit and National Importance:
The petitioner demonstrated the substantial merit of his proposed endeavor. However, the Director concluded that the petitioner did not sufficiently show the national importance of his proposed endeavor. The petitioner’s business plan indicated future staffing and expansion plans but did not provide sufficient, credible information and supporting evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance. The petitioner did not show that his proposed endeavor would impact the U.S. agricultural industry broadly or provide substantial positive economic effects.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation, including a business plan, a market analysis, and projected profit and loss. However, the evidence was insufficient to demonstrate that he is well positioned to advance his proposed endeavor. The petitioner did not offer evidence that his company’s future business activity and staffing levels would provide substantial economic benefits to specific regions or the United States. The petitioner’s business plan did not adequately address how many U.S. workers would be employed and where they would be located.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted a business plan, letters of support, and documentation of his experience and achievements. However, these were not sufficient to demonstrate the national importance of his proposed endeavor or that he is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The motion to reconsider did not provide sufficient new arguments to establish errors in the prior decision.
Supporting Documentation
Letters of Intent: Provided but not sufficiently detailed to support the claim of national importance
Business Plan: Provided, including market analysis, profit and loss projections, and staffing plans, but insufficient to demonstrate substantial economic benefits
Advisory Letter: Not provided
Other Supporting Documentation: Included letters of support and documentation of experience, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that his proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The motion to reconsider was dismissed due to insufficient new evidence and failure to demonstrate errors in the previous decision.
Download the Full Petition Review Here
