Date of Decision: April 19, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Entrepreneur
Field: Information Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification for EB-2 Classification: The petitioner qualifies as an advanced degree professional.
- Substantial Merit: The proposed business demonstrates substantial merit through its potential economic contributions and employment generation.
Criteria Not Met:
- National Importance: The petitioner failed to establish the national importance of the proposed business.
- Well-positioned to Advance the Proposed Endeavor: There was insufficient evidence that the petitioner is well positioned to successfully implement and grow the proposed business.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to establish a U.S. software update company focusing on electronics and wireless communications, transitioning to the technology sector with additional services like engraving.
Substantial Merit and National Importance:
The appeal failed to establish that the petitioner’s business would significantly impact the national economy or employment levels beyond its direct operations.
Supporting Evidence:
The petitioner presented ambitious employment and economic growth projections but did not substantiate these claims with credible evidence.
Inconsistencies in Proposed Endeavor:
There were significant inconsistencies regarding the petitioner’s proposed roles and business focus, which were not adequately resolved, casting doubt on the feasibility and clarity of the business plan.
Supporting Documentation
Business Plan:
The business plan includes projections for job creation and economic impact but lacks the necessary supporting evidence to be deemed credible.
Conclusion
The appeal was denied because the petitioner did not convincingly demonstrate the national importance of his proposed business and was not able to resolve inconsistencies in his application effectively. The appeal failed to establish that on balance, a waiver of the job offer requirement would benefit the United States.
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