Date of Decision: September 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship, Construction, Interior Design
Petitioner Information
Profession: Entrepreneur
Field: Construction, Home Improvement, Interior Design, Distribution of Supplies
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s proposed endeavor of providing consulting services to the construction, home improvement, and interior design industries, as well as distributing supplies, was acknowledged to have substantial merit.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that the proposed endeavor would have a broader impact on the construction and interior design industries in the United States. The evidence did not show that the endeavor would significantly affect the national economy or public health.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not provide sufficient evidence to justify waiving the labor certification process. The projected economic benefits and employment potential of the proposed endeavor were not demonstrated to be significant at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his career in the United States as an entrepreneur, focusing on providing consulting services to the construction, home improvement, and interior design industries and distributing their required supplies. He intended to advise existing companies and develop a manufacturing and distribution business for specialized porcelain products.
Substantial Merit and National Importance:
While the endeavor was acknowledged to have substantial merit due to its potential impact on the construction and interior design sectors, the petitioner did not demonstrate that the endeavor would have a national importance. The evidence provided, including business plans and economic reports, did not sufficiently show that the proposed activities would have a significant impact on the broader industry or economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his proposed endeavor would contribute to the U.S. economy through commercial activities and cross-border trade. However, the evidence did not support the claim that waiving the labor certification requirement would be beneficial to the United States. The petitioner’s business plan projected modest revenue and employment growth, which did not justify a national interest waiver.
Supporting Evidence:
The petitioner submitted his business plans, articles, and reports discussing the economic outlook of the construction industry and the role of immigrant entrepreneurs. However, these documents did not provide sufficient evidence to demonstrate a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s submissions contained inconsistent and ambiguous information about how he would pursue his endeavor, including conflicting business plans for different companies. This inconsistency undermined the credibility of the proposed endeavor’s potential impact.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided, but inconsistencies in the business plans for different companies diminished their relevance.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Included economic reports and articles praising the petitioner’s industry, but these did not sufficiently support the national importance of the proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of the proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support the claims of substantial impact and national importance.
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