Date of Decision: October 4, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: Entrepreneur
Field: Business Administration
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Educational Achievement: The petitioner completed a Bachelor’s in Business Administration, based on a combination of work experience and a high school diploma. However, this degree was not recognized as equivalent to a U.S. bachelor’s degree, which affected the petitioner’s eligibility for the EB-2 classification.
Criteria Not Met:
- Advanced Degree Qualification: The petitioner did not provide sufficient evidence to establish that he holds an advanced degree equivalent to a U.S. degree. The evaluation combining work experience with a high school diploma was not sufficient to meet the requirements for a U.S. bachelor’s degree.
- Exceptional Ability: The petitioner did not meet at least three of the six criteria necessary to qualify as an individual of exceptional ability. The evidence provided did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field of business administration.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as an entrepreneur in the business administration field. However, the Director noted that the petitioner did not provide sufficient evidence to establish his qualifications for the underlying EB-2 classification, either as an advanced degree professional or as an individual of exceptional ability.
Substantial Merit and National Importance:
While the petitioner’s work as an entrepreneur may have merit, the Administrative Appeals Office (AAO) concluded that the proposed endeavor did not meet the threshold for national importance under the Dhanasar framework. The petitioner did not provide sufficient evidence to demonstrate that his business activities would have a broader impact on the U.S. economy or that he was well-positioned to advance his proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not meet the necessary prongs of the Dhanasar framework, particularly due to the lack of evidence supporting his eligibility for the underlying EB-2 classification. As the petitioner did not qualify for the EB-2 classification, the national interest waiver could not be granted.
Supporting Evidence:
The petitioner provided various documents, including an academic credential evaluation, letters of support, and business documents. However, these were found insufficient to establish eligibility for the EB-2 classification or to support the national importance of the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner did not address the concerns raised in the Director’s decision regarding his eligibility for the EB-2 classification. The failure to provide sufficient evidence of an advanced degree or exceptional ability contributed to the denial of the petition.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Included but did not establish national importance or substantial positive economic effects.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
Included an academic credential evaluation and business documents, which were insufficient to meet the national importance requirement.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed work as an entrepreneur would have a significant national impact. The evidence provided was insufficient to support claims of substantial merit and national importance, and the petitioner did not establish eligibility for the EB-2 classification.
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