Date of Decision: March 28, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration and Real Estate Development
Petitioner Information
Profession: Entrepreneur and Real Estate Developer
Field: Business Administration and Real Estate Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Business Administration Skills: The Petitioner demonstrated significant business administration, project management, and business development skills, particularly in the real estate industry.
Merit of Proposed Endeavor: The proposed endeavor of contributing to the U.S. economy through business development and real estate projects has substantial merit.
Criteria Not Met:
National Importance: The Petitioner did not provide sufficient evidence that the proposed endeavor has national importance. The claim that the endeavor would contribute to tax revenue and help address the post-pandemic housing crisis lacked supporting documentation and broader implications beyond local or regional impact.
Substantial Economic Effects: The Petitioner did not demonstrate that the endeavor would provide substantial positive economic effects, such as significant job creation or impactful economic benefits, at a national level.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to work in business administration, project management, and business development, specifically within the real estate industry, aiming to develop housing units for small and medium investors.
Substantial Merit and National Importance:
While the Petitioner’s endeavor has substantial merit in the context of business development and real estate, it did not meet the national importance requirement. The proposed impact was not demonstrated to extend beyond the Petitioner’s company and local community to a national level.
On Balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not provide sufficient evidence that waiving the job offer requirement would be beneficial to the U.S. on balance. The projected economic benefits and job creation were not substantiated to meet the threshold of national importance.
Supporting Evidence:
The Petitioner submitted articles and business reports highlighting the importance of entrepreneurs to the U.S. economy. A business plan was also provided, projecting the development of 20 housing units and future staffing expansion.
Inconsistencies in Proposed Endeavor:
The Petitioner claimed the endeavor would stabilize the housing crisis and benefit lower-income families, but did not provide evidence of significant potential to employ U.S. workers or offer substantial positive economic effects.
Supporting Documentation
Business Plan:
The business plan included projections for a five-year hiring plan and an organizational chart but lacked evidence to substantiate the projected rate of growth and broader economic impact.
Conclusion
The appeal was dismissed. The Petitioner did not demonstrate that the proposed endeavor met the national importance requirement, nor that it would provide substantial positive economic effects at a national level.
