Date of Decision: January 18, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Athletics
Petitioner Information
Profession: Athletic Instructor and Coach
Field: Physical Education and Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Petitioner established the substantial merit of her proposed endeavor to improve physical education and sports coaching in the United States.
Well-Positioned to Advance the Endeavor: The Petitioner demonstrated that she is well-positioned to advance her proposed endeavor based on her extensive experience and qualifications.
Criteria Not Met:
National Importance: The Petitioner did not sufficiently demonstrate that her proposed endeavor has national importance.
Balance of Benefits: The Petitioner did not establish that waiving the job offer requirement would be beneficial to the United States on balance.
Key Points from the Decision
Proposed Endeavor
The Petitioner initially described her proposed endeavor broadly, intending to work as a sports coach and instructor in various disciplines, including swimming, gymnastics, dance, and physical education, aiming to join U.S. schools, academies, and sports clubs. She later revised her plan to focus on owning and operating a swimming instruction business, targeting children and individuals with special needs.
Substantial Merit and National Importance:
Substantial Merit: The Petitioner’s endeavor to enhance physical education and provide specialized swimming instruction for children and individuals with special needs was acknowledged as having substantial merit.
National Importance: The endeavor was not found to have national importance. The evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the field of physical education or athletics on a national level.
Supporting Evidence:
The Petitioner submitted a business plan for her proposed swimming instruction business, letters of experience, and an economic impact analysis. The business plan projected significant growth and job creation but did not establish a broader national impact.
Inconsistencies in Proposed Endeavor
The Petitioner’s initial proposal was to seek employment with various institutions, but she later changed her focus to starting her own business. This material change in the proposed endeavor undermined the validity of the original petition. Additionally, there were conflicting statements about her commitment to either running a business or seeking employment, further complicating the evaluation of her proposed endeavor.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan outlined the Petitioner’s goals for her swimming instruction business, including job creation and providing services for individuals with special needs. However, it did not demonstrate a significant national impact.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The economic impact analysis included in the business plan was questioned for its relevance and accuracy, describing a business consulting objective rather than a swimming coaching practice.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to establish that her proposed endeavor had national importance. The record lacked detailed information on how her work would produce substantial positive effects or broader impacts at a national level. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
