Date of Decision: December 22, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Jewelry and Luxury Watch Design
Petitioner Information
Profession: Designer of Jewelry and Luxury Watches
Field: Jewelry and Luxury Watch Design
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor in customizing jewelry and luxury watches is deemed to have substantial merit.
Criteria Not Met:
- National Importance: The petitioner’s endeavor does not demonstrate national importance as it primarily benefits his own company and clientele.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to serve as the Production Manager and Lead Designer for M-T-Corp, creating unique jewelry and launching a new brand of watches for an exclusive audience in the US, Brazil, and Europe.
Substantial Merit and National Importance:
While the petitioner’s work in jewelry and watch customization has substantial merit, it does not rise to the level of national importance. The endeavor benefits the company and its clients without demonstrating broader implications for the industry or the U.S. economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner has not shown sufficient evidence that waiving the labor certification process would benefit the U.S. The appeal does not provide detailed information on broader economic impacts or significant potential to employ U.S. workers.
Supporting Evidence:
The petitioner submitted letters of recommendation, personal statements, and evidence of his work in custom jewelry and watches. However, these did not sufficiently demonstrate the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner did not address how his custom jewelry and watch company would have broader implications for the field or significant economic impacts.
Supporting Documentation
Letters of Intent:
- Summarized but did not provide substantial evidence of national impact.
Business Plan:
- Not detailed enough to show national importance.
Advisory Letter:
- Supported the petitioner’s qualifications but did not demonstrate the national importance of the endeavor.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the first prong of the Dhanasar framework, failing to demonstrate that his proposed endeavor holds national importance.
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