Date of Decision: July 8, 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:
- Professional Memberships: The petitioner provided evidence of membership in relevant professional associations, including the National Association of Realtors and another real estate association.
Criteria Not Met:
- Advanced Degree: The petitioner did not provide sufficient evidence to establish the U.S. equivalency of his foreign education. The documentation regarding his academic record lacked sufficient detail and appeared informally printed.
- Exceptional Ability: The petitioner did not provide adequate evidence to show that he possesses exceptional ability. The submitted documents did not demonstrate expertise significantly above that ordinarily encountered in the business field.
Key Points from the Decision
Proposed Endeavor: The petitioner proposed to continue his work as an entrepreneur in the United States, focusing on real estate and business ventures. His goal was to contribute to the U.S. economy through his business activities and professional expertise.
Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its substantial merit due to its potential to address business and real estate development. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. economy 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 enhancing business and real estate development. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process, especially given the existing process to address such needs through labor certification.
Supporting Evidence
The petitioner submitted his curriculum vitae, academic credentials, and letters of support. These documents demonstrated his involvement in the business field. However, the evidence did not sufficiently show that his contributions would have a substantial positive economic effect or create significant U.S. job opportunities.
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 work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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