Date of Decision: September 13, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
- Profession: Business Administrator
- Field: Business Administration
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, a business administrator, sought classification under the EB-2 category as a member of the professions holding an advanced degree and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that while the petitioner qualified for classification as a member of the professions holding an advanced degree, she did not establish that her proposed endeavor had national importance or that waiving the job offer requirement would benefit the United States. The Administrative Appeals Office (AAO) reviewed and dismissed the appeal.
Key Points from the Decision
- Substantial Merit and National Importance: The petitioner proposed to help small and medium-sized companies in the United States become more profitable and stable through her business consulting services. She indicated that her company targets Latino entrepreneurs in the U.S., providing them with business administration, mentor consulting services, and assistance in obtaining state or federal resources. The AAO agreed with the Director’s conclusion that while the petitioner’s endeavor had substantial merit, it did not meet the national importance requirement under the Dhanasar framework. The AAO emphasized that the petitioner did not provide sufficient evidence to demonstrate that her proposed work would have a broader impact on the U.S. economy or society beyond her company and its clientele.
- Supporting Evidence: The petitioner submitted reports discussing the increase in small businesses under the Biden-Harris Administration and the importance of early-stage entrepreneurship in the U.S. economy. However, the AAO determined that these reports focused on the general importance of small businesses and entrepreneurship rather than specifically addressing the national importance of the petitioner’s proposed endeavor. The AAO concluded that the petitioner did not demonstrate that her work would extend beyond her clients to impact the U.S. economy or public welfare at a national level.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not establish that her proposed endeavor had national importance. As a result, she did not qualify for a national interest waiver.
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