Date of Decision: JAN. 11, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Architecture
Petitioner Information
Profession: Architectural Designer and Manager
Field: Architecture
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Substantial Merit of Proposed Endeavor: The petitioner demonstrated substantial merit in the proposed endeavor of improving housing quality and efficiency through architectural design.
Criteria Not Met:
Criterion 1: National Importance: The appeal failed to establish that the proposed endeavor had national importance, as it did not demonstrate a significant impact beyond the local or industry level.
Criterion 2: Position to Advance Endeavor: The petitioner did not convincingly show that she was well-positioned to advance the proposed endeavor, especially in terms of broader national impact and support for her business plan.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to establish a small development company focusing on high-quality and affordable housing through innovative architectural design.
Substantial Merit and National Importance:
While the proposed endeavor was acknowledged to have substantial merit, it was not deemed of national importance due to lack of evidence showing a broader impact on the industry or national economy.
Supporting Evidence:
The petitioner provided a business plan, educational credentials, and professional experience details, but these were insufficient to demonstrate national importance or broader economic effects.
Inconsistencies in Proposed Endeavor:
There was a lack of detailed planning and financial backing to support the projected national importance and long-term sustainability of the business.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Detailed plans for housing projects with initial revenue expectations and employment creation, yet lacking substantial evidence of wider economic or social impact.
Advisory Letter: Not applicable
Any other supporting documentation: Industry reports and articles submitted did not concretely support the national importance or effectiveness of the proposed business.
Conclusion
Final Determination: The appeal is dismissed due to insufficient demonstration of the national importance and practical impact of the proposed endeavor.
Reasoning:
The evidence provided did not adequately support the claim of national importance or demonstrate that the petitioner was well-positioned to successfully implement and expand her proposed business to a level of national relevance.
Download the Full Petition Review Here
