Date of Decision: November 5, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration and Nonprofit Leadership
Petitioner Information
Profession: Businessman and Nonprofit Organization Leader
Field: Business Administration and Nonprofit Leadership
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Timeliness of Motion:
The petitioner successfully demonstrated that the motion to reopen was timely filed within the regulatory period.
Criteria Not Met:
Member of the Professions Holding an Advanced Degree:
The petitioner did not provide sufficient evidence to establish that he holds a U.S. advanced degree or a foreign equivalent, as required for EB-2 classification.
Exceptional Ability:
The petitioner did not provide adequate evidence to satisfy the criteria for classification as an individual of exceptional ability.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to continue his work in business administration and nonprofit leadership, focusing on cultural development and economic improvement in the U.S.
Substantial Merit and National Importance:
The petitioner’s work in business administration and nonprofit leadership has potential merit. However, the evidence provided did not sufficiently demonstrate the national importance of the proposed endeavor. The description lacked specific details regarding the proposed work in the U.S.
Supporting Evidence:
The petitioner submitted documentation of his educational credentials, including a “Certificate of Graduation” from a university in South Korea and a certificate from a university in Florida. However, these were not accompanied by official academic records or credential evaluations demonstrating equivalency to a U.S. advanced degree.
Inconsistencies in Proposed Endeavor:
The evidence did not clearly explain the petitioner’s proposed endeavor in the U.S. and how it would have substantial merit and national importance. The petitioner’s previous leadership roles in community organizations were noted but did not establish the broader impact required under the Dhanasar framework.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
The petitioner provided letters highlighting his leadership roles, but these did not sufficiently address the national importance of the proposed work.
Any other supporting documentation:
Additional documents included certificates and letters from colleagues, but these did not collectively meet the criteria for substantial merit and national importance.
Conclusion
Final Determination:
The decision was remanded for further consideration. The Director must reassess the petitioner’s eligibility for a national interest waiver under the Dhanasar framework, taking into account the new evidence provided and clarifying the nature of the proposed endeavor.
Reasoning:
The petitioner successfully demonstrated the timeliness of his motion to reopen. However, the evidence provided did not adequately demonstrate the petitioner’s qualifications or the national importance of his proposed work. The case has been remanded for further review to determine whether the petitioner’s proposed endeavor meets the criteria for a national interest waiver.
