Date of Decision: April 15, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Restaurant Ownership and Management
Petitioner Information
Profession: Entrepreneur and Restaurant Owner
Field: Restaurant Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit of Proposed Endeavor:
The Petitioner’s endeavor as a business owner in a small and remote area has substantial merit due to its positive economic impact on the local community.
Eligibility for EB-2 Classification:
The Petitioner holds the equivalent of a U.S. baccalaureate degree and has more than five years of progressive experience as the owner and CEO of a restaurant, meeting the requirements for the EB-2 classification.
Criteria Not Met:
National Importance of Proposed Endeavor:
The evidence did not sufficiently establish that the proposed endeavor’s benefits extend beyond the local community to impact the restaurant industry more broadly.
Well-Positioned to Advance the Proposed Endeavor:
The Petitioner did not provide verifiable evidence of her restaurant’s success and her qualifications. There were conflicting and incomplete details regarding her previous experience as a restaurant owner and operator.
Key Points from the Decision
Proposed Endeavor:
Summary of the Petitioner’s proposed endeavor and activities: The Petitioner aims to continue owning and operating a restaurant in a small, remote community in Alaska. She mentioned plans to expand and hire additional employees to boost local economic development.
Substantial Merit and National Importance:
Summary of findings regarding substantial merit and national importance: The Petitioner’s restaurant has a positive economic impact on the local community. However, the impact was deemed insufficient to demonstrate national importance.
Key quotes or references: The decision referenced the requirement for local businesses to show significant potential to employ U.S. workers or have substantial positive economic effects to be considered of national importance.
Supporting Evidence:
Summary of the supporting evidence provided, such as letters of intent, advisory letters, business plans, etc.: The Petitioner submitted a brief business plan, letters from local officials and business owners, and partial tax returns showing sales and net income growth.
Key quotes or references: The evidence indicated the restaurant’s economic impact on the local community but did not demonstrate a broader national significance.
Inconsistencies in Proposed Endeavor:
Summary of any inconsistencies noted in the proposed endeavor: There were conflicting details about the Petitioner’s previous experience and incomplete information regarding her claimed business success.
Supporting Documentation
Letters of Intent:
Summary and key points: Letters from local officials and business owners testified to the positive reception and economic impact of the Petitioner’s restaurant in the community.
Business Plan:
Summary and key points: A brief business plan was provided, indicating plans to hire additional employees, but lacking detailed support for the necessity and feasibility of the expansion.
Advisory Letter:
Summary and key points: Not specifically mentioned in the decision.
Any other supporting documentation:
Summary and key points: Partial tax returns were provided, showing financial growth, but without signatures or evidence of filing, making them unverifiable.
Conclusion
Final Determination:
Summary of the final determination: The appeal was dismissed as the Petitioner did not meet the three prongs of the Dhanasar framework required for a national interest waiver.
Reasoning:
Summary of key reasons for the decision: The Petitioner did not sufficiently demonstrate that her proposed endeavor would have a national impact or that she was well-positioned to advance the endeavor. The evidence provided was either insufficient or unverifiable, leading to the dismissal of the appeal.
This blog post provides a detailed account of the USCIS appeal review, highlighting the critical aspects and final determination of the case.
