Date of Decision: December 12, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Leadership Development
Petitioner Information
Profession: Author, Motivational Speaker, Leadership Development Teacher, and Pastor
Field: Leadership Development
Nationality: Nigeria
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The Petitioner qualifies as a member of the professions holding an advanced degree.
- Criterion 2: The Petitioner demonstrated substantial merit in his proposed endeavor.
Criteria Not Met:
- Criterion 1: The Petitioner did not establish the national importance of his proposed endeavor.
- Criterion 2: The Petitioner was not well-positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to conduct mentoring, coaching, writing, and motivational teaching activities in leadership development. He planned to achieve these goals by traveling across the United States, partnering with agencies and organizations, offering services to educational institutions, and setting up a training academy.
Substantial Merit and National Importance:
The Director agreed that the Petitioner’s proposed endeavor had substantial merit. However, it was concluded that the proposed activities did not have a broader impact beyond those being mentored or taught and did not extend to the national importance required.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not provide sufficient evidence to support the national importance of his proposed endeavor or its potential broader impact.
Supporting Evidence:
The Petitioner submitted diplomas showing his educational qualifications and reference letters from attendees of his teachings and speaking engagements. However, the evidence was insufficient to demonstrate a significant impact or a record of success in his field.
Inconsistencies in Proposed Endeavor:
The Petitioner claimed to have written at least 20 books, but the evidence included only photographs of the covers of four books. There was also a lack of documentation regarding his past achievements and engagements.
Supporting Documentation
Letters of Intent:
Several reference letters were provided but lacked sufficient documentary evidence of their impact.
Business Plan:
The Petitioner included a section labeled “Business Plan,” but it did not provide substantial details or supporting evidence.
Advisory Letter:
Not applicable.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish the national importance of his proposed endeavor, nor did he demonstrate that he was well-positioned to advance it. Consequently, the appeal for a national interest waiver was denied.
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