Date of Decision: June 4, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Economic Development
Petitioner Information
Profession: Economic Development Professional
Field: International Commerce and Economics
Nationality: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The Petitioner has a master’s degree in development management and a bachelor’s degree in international economics, meeting the advanced degree professional requirement.
- Substantial Merit of Proposed Endeavor: The Director and AAO agreed that the Petitioner’s endeavor has substantial merit.
Criteria Not Met:
- National Importance: The evidence provided did not sufficiently demonstrate that the proposed endeavor has national or global implications within the field of international commerce.
- Benefit to the United States: The evidence did not adequately establish that waiving the job offer requirement would benefit the United States on balance.
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor involved developing international expansion strategies for small and medium-sized enterprises (SMEs) to enhance U.S. economic competitiveness and strengthen business relationships between U.S. companies and Latin America.
Substantial Merit and National Importance:
The Director and AAO found that while the proposed endeavor has substantial merit, the Petitioner did not clearly establish its national importance. The articles and reports provided related to international trade in general and did not specifically address the Petitioner’s proposed activities or their impact.
Supporting Evidence:
The Petitioner submitted various articles and reports from reputable sources such as the U.S. Chamber of Commerce and the Small Business Administration (SBA), discussing international trade and economic growth. However, these documents did not directly link the Petitioner’s specific proposed endeavor to national importance.
Inconsistencies in Proposed Endeavor:
The Petitioner’s personal statements included ambitious and varied plans ranging from opening a consulting firm to developing a triathlete club, which may have diluted the focus and clarity of the proposed endeavor.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
Included articles and reports related to international trade and SME growth, but not directly linked to the Petitioner’s specific proposed endeavor.
Conclusion
The appeal was dismissed. The Petitioner did not sufficiently demonstrate that the proposed endeavor’s impact would rise to the level of national importance required for a National Interest Waiver.
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