Date of Decision: February 12, 2024
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 Officer
Field: Business Administration and Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: Petitioner claims equivalency to U.S. Master of Business Administration based on foreign education.
- Experience: Over 20 years in executive roles involving strategic planning, finance, and project management.
Criteria Not Met:
- National Importance: Failed to demonstrate that the proposed endeavor has national importance.
- Documentation Inconsistency: Issues with name discrepancies on educational documents not adequately addressed.
Key Points from the Decision
Proposed Endeavor:
Petitioner aims to assume the role of CEO at a firm specializing in building materials, intending to impact housing affordability and availability.
Substantial Merit and National Importance:
While the petitioner showed substantial merit in his proposed endeavor, he failed to demonstrate national importance, as the impact seems confined to the immediate business and not extending nationally.
Supporting Evidence:
Evidence included educational documents, a business plan, and letters of recommendation. However, discrepancies in documentation and lack of detailed economic impact weakened his case.
Inconsistencies in Proposed Endeavor:
Name discrepancies on the diploma and lack of cohesive evidence regarding the economic impact of the petitioner’s proposed endeavor raised concerns.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Outlines goals for contributing to the housing market, but lacks compelling evidence of national impact.
Advisory Letter: Supports petitioner’s qualifications but lacks specifics on broader economic contributions.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence of the national importance of the proposed endeavor and unresolved issues with documentation.
Reasoning: The evidence does not demonstrate that the proposed business activities will have significant impact beyond the immediate commercial interests or contribute broadly to national economic goals.
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