Date of Decision: May 10, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Environmental Sustainability
Petitioner Information
Profession: Business Owner
Field: Environmental Sustainability
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner proposed a business focusing on ecological, biodegradable, and recyclable products, which the AAO recognized as having merit, especially given the detailed business plan provided.
- Well-Positioned to Advance: The petitioner demonstrated readiness through prior business formation and a detailed five-year plan.
Criteria Not Met:
- National Importance: The AAO noted that while the business plan was comprehensive, it failed to conclusively demonstrate national implications for the environment or the U.S. economy, leading to an incomplete assessment of national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to operate a business selling and distributing environmentally friendly products in the U.S., planning to open six retail stores in Florida and manage online sales.
Substantial Merit and National Importance:
Despite acknowledging the business’s environmental focus, the AAO required a more thorough demonstration of how the endeavor addresses national environmental or economic challenges.
Supporting Evidence:
The petitioner submitted a business plan, personal statements, and various certifications and memberships. However, the AAO found the supporting evidence lacked in demonstrating the national importance and effectiveness of the business model proposed.
Inconsistencies in Proposed Endeavor:
The Director’s decision mischaracterized the petitioner’s business intentions and did not fully engage with the detailed plan provided, which included hiring and operational strategies.
Supporting Documentation
Business Plan:
Detailed descriptions of planned operations, projected hiring and revenue, but noted as lacking in demonstrating broader national impact.
Conclusion
The appeal highlighted procedural oversights and evidentiary misinterpretations by the Texas Service Center, leading to a remand for a more accurate and thorough review. The decision underscored the need for clearer demonstration of national benefits from the business endeavor.
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