EB-2 NIW USCIS Appeal Review – Chief Executive – Business Management DEC152023_03B5203

Date of Decision: December 15, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management

Petitioner Information

Profession: Chief Executive
Field: Business Management
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Evidentiary Criteria Analysis

Criteria Met:

  • None: The petitioner did not meet any of the criteria required to establish exceptional ability in the field of business management.

Criteria Not Met:

  • Academic Record: The petitioner did not submit evidence of an official academic record showing a degree, diploma, certificate, or similar award from a recognized institution of learning relating to the area of exceptional ability.
  • Experience: The petitioner did not provide sufficient evidence to prove at least ten years of full-time experience in the occupation, as the letters submitted were either unsigned, lacked detailed information, or raised concerns about objectivity due to possible familial relationships.
  • License or Certification: The petitioner did not provide evidence of holding a license or certification required to practice the profession of a chief executive.
  • Salary: The petitioner did not demonstrate that he commanded a salary or other remuneration indicative of exceptional ability, as the evidence provided was unsubstantiated and lacked comparative data.
  • Professional Associations: The petitioner did not adequately demonstrate membership in professional associations that are recognized as indicative of exceptional ability in his field.
  • Recognition: The petitioner did not provide sufficient evidence of recognition for achievements and significant contributions to the field by peers, governmental entities, or professional organizations.

Key Points from the Decision

Proposed Endeavor:
The petitioner proposed to continue his work as a chief executive in the United States, leveraging his experience in business management to drive growth and success in the U.S. market. However, the petitioner did not establish that his proposed endeavor would have substantial merit and national importance.

Substantial Merit and National Importance:
The petitioner’s work in business management, while valuable, did not demonstrate national importance. The evidence provided did not sufficiently establish how the petitioner’s proposed endeavor would impact the U.S. economy or business sector on a national scale. The petitioner failed to show that his work would have a broad and significant impact beyond his own business.

Well Positioned to Advance the Proposed Endeavor:
The petitioner did not provide sufficient evidence to demonstrate that he is well positioned to advance his proposed endeavor. The letters of support and other documentation lacked the detail and objectivity required to substantiate his claims of exceptional ability and his capacity to achieve national impact.

On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This aspect was not addressed in detail, as the petitioner did not satisfy the criteria for exceptional ability, which is a prerequisite for consideration of the national interest waiver.

Supporting Evidence:
The petitioner submitted various documents, including letters of support, an expert opinion letter, and financial records. However, these were not sufficient to demonstrate exceptional ability or the national importance of his proposed endeavor.

Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The Director noted inconsistencies in the petitioner’s documentation, including concerns about the credibility of some supporting letters.

Supporting Documentation

Letters of Intent: Not provided

Business Plan: Not provided or summarized in the decision

Advisory Letter: Provided but not sufficiently detailed to support the claim of exceptional ability

Other Supporting Documentation: Included letters of support, an expert opinion letter, and financial records, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that he met the criteria for exceptional ability or that his proposed endeavor has national importance. As a result, the petitioner did not demonstrate eligibility for or merit a national interest waiver.

Download the Full Petition Review Here


Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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