Date of Decision: May 1, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education Administration
Petitioner Information
Profession: Education Administrator
Field: Academic and Educational Consulting
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The proposed endeavor involves providing consultancy services to educational institutions, which has merit in the field of education.
- National Importance: Initially acknowledged by USCIS but ultimately deemed insufficient due to lack of broader impact evidence.
Criteria Not Met:
- Broader Impact: The record does not establish that the petitioner’s endeavor will have a broad impact on the education field or U.S. economy.
- Economic Benefits: The projected staffing levels and anticipated tax revenue were deemed insufficient to demonstrate substantial economic benefits.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to operate a consultancy firm in Florida, providing services such as school expansion management, marketing strategies, strategic planning, IT systems, anti-bullying strategies, and financial and administrative management.
Substantial Merit and National Importance:
While the proposed endeavor has substantial merit, it failed to demonstrate national importance. The USCIS noted the lack of evidence showing that the endeavor would have broader implications for the field of education or the U.S. economy.
Supporting Evidence:
The petitioner provided a business plan and documents related to the company’s registration and planned activities. However, inconsistencies in the documentation and lack of specific evidence of national impact weakened the case.
Inconsistencies in Proposed Endeavor:
The business plan indicated that the company would operate from the petitioner’s private residence, which raised questions about the feasibility and scale of the proposed operations. Additionally, the petitioner’s description of her role as an education administrator did not align with the duties outlined in the business plan.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Outlined the consultancy firm’s services and projected employment but lacked concrete evidence of broader impact.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
Included company registration documents but lacked specific evidence linking the endeavor to national importance.
Conclusion
The appeal was dismissed. The petitioner did not sufficiently demonstrate that her proposed endeavor has national importance or broader implications that would justify a national interest waiver.
Download the Full Petition Review Here
