Date of Decision: August 5, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business
Petitioner Information
Profession: Entrepreneur
Field: Business
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Academic Record: The petitioner satisfied the criterion through the completion of two executive training courses.
Criteria Not Met:
- Ten Years of Experience: The petitioner claimed over 25 years of experience but did not sufficiently document the full period with the necessary details.
- Commanding Salary: The petitioner did not provide evidence that his salary demonstrated exceptional ability.
- Membership in Professional Associations: The petitioner did not establish that the organizations he belonged to qualified as professional associations.
- Recognition for Achievements: Letters from clients did not identify achievements or significant contributions to the industry.
Key Points from the Decision
Proposed Endeavor:
The petitioner, an entrepreneur, sought to continue and expand his business operations in the United States. He also established a mentorship program aimed at guiding emerging entrepreneurs.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor in business has merit, the Director concluded that the petitioner did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. economy or the business field at a national level.
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 fostering small business growth and creating jobs. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable economic benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including academic records, letters of support from clients, and a business plan. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance. Additionally, there were discrepancies in the petitioner’s documentation of his experience and contributions to the field.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but contained overly optimistic projections without sufficient basis.
Advisory Letter:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Any Other Supporting Documentation:
The petitioner provided letters from clients and an expert opinion letter, but these did not adequately demonstrate recognition for significant contributions to the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating exceptional ability or the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have a limited impact beyond his direct business activities.
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