Date of Decision: December 7, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Social Responsibility and Law
Petitioner Information
Profession: Attorney and Social Responsibility Expert
Field: Social Responsibility and Law
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner has a professional title of attorney degree from Venezuela, comparable to a U.S. juris doctorate degree.
Criteria Not Met:
- National Importance: The petitioner’s proposed endeavor did not show sufficient potential broader impact in the field of social responsibility beyond the local community.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed a broad endeavor involving promoting family values, social responsibility, and environmental campaigns through various activities such as social media, television shows, online courses, and community service.
Substantial Merit and National Importance:
The proposed endeavor was considered to have substantial merit in the area of culture. However, the petitioner failed to demonstrate that the impact of his activities would extend beyond his local community to have national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence did not support that the petitioner’s contributions would significantly benefit the U.S. to the extent that the labor certification requirement should be waived.
Supporting Evidence:
The petitioner provided a business plan and reference letters describing past volunteer activities. However, these did not sufficiently demonstrate the prospective national impact of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
The reference letters focused on past activities rather than the potential future impact. The proposed services were broad and vague, lacking specific evidence of success or national importance.
Supporting Documentation
Letters of Intent:
Several letters from community members and religious officials highlighted the petitioner’s past volunteer activities but did not establish the national importance of his proposed work.
Business Plan:
The business plan detailed the goals of the petitioner’s company but lacked projections for revenue or job creation, focusing instead on social media followers and subscribers.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not establish the national importance of his proposed endeavor or his positioning to advance it.
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