Date of Decision: April 18, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Law
Petitioner Information
Profession: Attorney
Field: Legal and Tax Expertise in Sustainable Investment
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial merit and national importance: The petitioner aimed to enhance U.S. private investments in renewable energy infrastructure in emerging and developing countries, demonstrating potential substantial merit and national importance.
Criteria Not Met:
- Well-positioned to advance the proposed endeavor: The evidence did not adequately show how the petitioner was positioned to advance the endeavor or the impact of the endeavor at a national level.
- Benefit to the United States: The petitioner did not successfully demonstrate that waiving the job offer and labor certification requirements would benefit the United States.
Key Points from the Decision
Proposed Endeavor:
- Initially proposed to build a career in sustainable investment and establish a private equity firm.
Substantial Merit and National Importance:
- The endeavor involved attracting U.S. investments in renewable energy, indicating potential substantial merit and national importance but lacked sufficient evidence on its impact.
Supporting Evidence
- Included various reports and articles on environmental and investment trends, but failed to conclusively demonstrate national importance or petitioner’s capability to significantly impact the sector.
Inconsistencies in Proposed Endeavor
- The petitioner significantly altered their proposed endeavor in response to an RFE, shifting from a legal career focus to banking and finance, which introduced ambiguity and inconsistency in the endeavor’s definition and goals.
Supporting Documentation
Letters of Intent:
- Not sufficiently detailed to establish a clear connection to the proposed endeavor’s impact.
Business Plan:
- The changes in the business proposal did not align with the initial claims about the endeavor’s scope and impact.
Advisory Letter:
- General support letters that did not specifically address the national importance or the petitioner’s ability to advance the endeavor.
Conclusion
The appeal was denied. The petitioner did not successfully demonstrate that the proposed endeavor had substantial merit and national importance, nor did they clarify how it would benefit the United States to waive the labor certification process.
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