Date of Decision: January 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
Profession: Entrepreneur and General Business Manager
Field: Business Administration and Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Documentation of Membership in Professional Associations
- Letters of Recommendation from Recognized Authorities
Criteria Not Met:
- Recognition for Achievements and Significant Contributions: The evidence was deemed insufficient as it did not detail the petitioner’s specific contributions or establish her as an individual of exceptional ability.
- Documentation of Awards for Excellence in the Field: The appeal failed to establish that the awards were specifically granted to the petitioner or were indicative of her exceptional ability in the field.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to secure an EB-2 classification based on her extensive experience and proposed business endeavors in the U.S., emphasizing her past business successes and leadership roles.
Substantial Merit and National Importance:
The decision highlighted a lack of compelling evidence to demonstrate that the petitioner’s business endeavors would have substantial merit and national importance in the U.S.
Supporting Evidence:
The appeal included letters of recommendation and proof of membership in business associations, which were recognized, but found insufficient to prove exceptional ability.
Inconsistencies in Proposed Endeavor:
The appeal noted inconsistencies in the documentation and timing of evidence, such as the awards and educational qualifications, which were not established as required at the time of filing.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Documentation provided did not meet the criteria necessary for proving eligibility under the national interest waiver.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence to establish the petitioner as an individual of exceptional ability, and because the proposed endeavors did not convincingly meet the criteria for substantial merit and national importance.
Reasoning:
The decision emphasized the importance of demonstrating exceptional ability through concrete, specific, and timely evidence, which was not satisfactorily provided in this case.
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