Date of Decision: FEB. 14, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education and Training
Petitioner Information
Profession: English Teacher
Field: Education and Training
Nationality: Georgian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualifications as Advanced Degree Professional: The petitioner was recognized as holding an advanced degree equivalent to a U.S. bachelor’s degree, backed by 25 years of relevant teaching experience.
Criteria Not Met:
- National Importance of Proposed Endeavor: The appeal failed to establish that the proposed educational and training services would impact the U.S. economy or education sector nationally.
Key Points from the Decision
Proposed Endeavor:
- The petitioner intended to establish an organization to assist U.S. newcomers with English language and vocational training, projecting significant local economic impact.
Substantial Merit and National Importance:
- Although the petitioner’s endeavor was deemed to have substantial merit by potentially aiding newcomers, it lacked evidence of national importance or broader economic impact.
Supporting Evidence:
- Submitted evidence included a business plan and letters of intent, which highlighted local benefits but failed to demonstrate wider national relevance.
Inconsistencies in Proposed Endeavor:
- The business plan lacked detailed justifications for revenue, profit, and employment projections, reducing its credibility.
Supporting Documentation
Business Plan:
- Outlined goals for significant local economic contributions but lacked national perspective.
Letters of Intent:
- Showed local support and potential job placements for trainees, reinforcing the project’s local value.
Conclusion
Final Determination:
- The appeal was dismissed, upholding the initial decision due to insufficient evidence of national importance, despite the endeavor’s potential local benefits.
Reasoning:
- The endeavor, while valuable on a local scale, did not meet the high threshold set for national impact as required under the EB-2 NIW category.
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