Date of Decision: August 24, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management and Fire Protection Services
Petitioner Information
Profession: Chief Executive Officer
Field: Business Management, Fire Protection and Disaster Prevention
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s proposed endeavor in expanding his business into fire protection and disaster prevention was acknowledged for its merit due to its potential impact on public safety.
Criteria Not Met:
- National Importance: The petitioner did not establish that his endeavor had national importance. While the fire protection industry is significant, the petitioner’s specific business activities were not demonstrated to have a broad national impact.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner provided information about his business plan and projected economic benefits but failed to show he was uniquely qualified to advance this endeavor significantly at a national level.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not provide sufficient evidence to justify waiving the labor certification process. The economic benefits projected were not shown to be substantial at the national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to expand his business from damage remediation to include fire protection and sprinkler services, targeting general contractors, architects, developers, and property owners.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its potential merit in fire protection and disaster prevention. However, the documentation did not sufficiently demonstrate the national importance of his specific business activities.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his business would contribute significantly to public safety and the economy. However, the evidence did not support the claim that the benefits were substantial enough to warrant waiving the labor certification process.
Supporting Evidence:
The petitioner provided a business plan, projected income, staffing levels, and letters from government entities. However, these documents did not adequately demonstrate the national importance of his business activities or his unique qualifications to advance them.
Inconsistencies in Proposed Endeavor:
The documentation did not clearly show how the petitioner’s business activities would have a substantial impact beyond his immediate clients and projects.
Supporting Documentation
Letters of Intent:
Not sufficiently detailed to support the claim of national importance.
Business Plan:
Provided but did not demonstrate substantial national impact.
Advisory Letter:
Included but did not sufficiently establish national importance.
Any Other Supporting Documentation:
Included letters from colleagues and government entities praising the petitioner’s character and skills but lacking concrete evidence of significant national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating national importance or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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