Date of Decision: March 5, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Consulting
Petitioner Information
Profession: Chief Executive Officer and Business Consultant
Field: Business Consulting
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit of the Business Plan: The business plan was acknowledged to have substantial merit, emphasizing business consulting services and a critical thinking and strategy program aimed at business growth.
Advanced Degree Qualification: The petitioner qualified for EB-2 classification by holding an advanced degree, relevant to the field of business consulting.
Criteria Not Met:
National Importance: The appeal failed to establish that the business plan’s impact extends beyond its immediate clients to influence the broader U.S. economy or industry at a level of national importance.
Potential Economic Impact: Insufficient evidence was presented to show significant economic effects, such as substantial job creation or tax generation at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to open a business consulting firm in California, offering services targeted at entrepreneurs to enhance their business operations.
Substantial Merit and National Importance:
While the petitioner’s business plan was recognized for its substantial merit, it lacked sufficient documentation to prove its impact at a national level. The plan detailed services and a training program but failed to demonstrate broader economic or industrial significance.
Supporting Evidence:
The business plan included anticipated hiring and job creation metrics but did not convincingly argue these outcomes’ national importance or substantial economic impact.
Inconsistencies in Proposed Endeavor:
The appeal did not specifically mention inconsistencies, but the lack of broad economic impact documentation was a significant shortfall.
Supporting Documentation
Business Plan:
Outlined hiring 10 workers within five years and creating indirect job opportunities, with detailed descriptions of services like a five-week business strategy program.
Conclusion
The final determination of the appeal was denial due to the petitioner’s failure to adequately demonstrate that the proposed business consulting firm holds national importance or would have significant positive economic effects as required by the first prong of the Dhanasar framework.
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