Date of Decision: June 24, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business and Entrepreneurship
Petitioner Information
Profession: Entrepreneur
Field: Business Strategy, Business Development, Mergers and Acquisitions, International Trade
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed endeavor had substantial merit. His work as an entrepreneur, which includes developing innovative food service products and expanding his businesses, was acknowledged to have significant implications in the field.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. Although he submitted documentation of his business operations, the evidence did not convincingly demonstrate his capacity to significantly influence or advance his field.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as an entrepreneur in the United States, aiming to expand his existing businesses and develop new clients and projects. His goal was to contribute to the field through business innovation and international trade.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential to generate economic production and national development. However, the broader implications of his work were not sufficiently demonstrated to meet the national importance criterion.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the U.S. economy by enhancing business operations and generating significant transactions. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his business plan, information about his companies, and articles discussing the economic impact of entrepreneurship. However, these documents did not adequately demonstrate his ability to significantly impact the field or the economy. The letters of support praised his work but did not provide concrete examples of his business endeavors having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his business operations had been widely adopted or recognized as significantly impacting the field of business and entrepreneurship.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but not sufficiently detailed to support the claim of national importance.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included articles and letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence was insufficient to support his claims of substantial impact and national importance.
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