Date of Decision: January 9, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Insurance and Pet Services
Petitioner Information
Profession: Entrepreneur and Chief Executive
Field: Insurance and Pet Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner was recognized as holding an advanced degree.
Criteria Not Met:
National Interest Waiver: The petitioner failed to demonstrate that her business plan and proposed activities meet the national importance required for a waiver.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to operate a business providing pet care services post-owner death, coordinating with insurance companies and establishing care facilities.
Substantial Merit and National Importance:
The decision noted the petitioner’s endeavor lacked broader impact beyond her immediate business sphere, failing to meet the national importance threshold.
Supporting Evidence:
While the petitioner submitted a business plan, recommendation letters, and industry reports, these were deemed insufficient to override the initial decision.
Inconsistencies in Proposed Endeavor:
The appeal did not introduce new evidence or arguments that effectively contested the initial findings or addressed alleged oversights.
Supporting Documentation
Business Plan: Detailed but did not convincingly demonstrate the national importance or broader economic impact necessary.
Advisory Letter: Acknowledged her qualifications but lacked persuasive evidence on national impact.
Industry Reports: Discussed but not sufficiently linked to the national importance of her business model.
Conclusion
Final Determination: The petitioner’s appeal is dismissed, as she did not establish that her proposed business holds national importance, failing the primary criterion for a national interest waiver.
Reasoning:
The decision upholds that the petitioner’s business, while potentially beneficial, does not fulfill the criteria of impacting the U.S. economy or its industry on a national scale as required for the waiver.
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