Date of Decision: February 7, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship in Antiques Cargo Transportation
Petitioner Information
Profession: Entrepreneur
Field: Antiques Cargo Transportation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The endeavor was recognized as having substantial merit due to its contribution to logistics and cultural preservation of antiques.
Criteria Not Met:
- National Importance: The petitioner failed to establish that the antiques cargo transportation business impacts the nation or the field broadly.
- Economic Impact: Insufficient evidence was presented to demonstrate significant economic effects or impact on the national logistics and transportation infrastructure.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposes to operate a nationwide antiques cargo transportation business.
Substantial Merit and National Importance:
The endeavor has substantial merit but lacks evidence of national importance. It was noted that while the antiques market and shipping logistics are significant, the specific endeavor did not demonstrate potential impacts that would qualify as nationally important.
Supporting Evidence:
The business plan indicated expansion and employment growth but lacked detailed support for its revenue projections and economic impact, failing to establish the national significance of the endeavor.
Inconsistencies in Proposed Endeavor:
The record lacked objective evidence to substantiate claims of potential widespread impact on infrastructure or the transportation sector.
Supporting Documentation
Business Plan:
Outlined potential growth and employment but did not convincingly support the claimed national importance with verifiable projections.
Advisory Letter:
Not applicable or provided in the decision record.
Conclusion
Final Determination:
The appeal was dismissed due to insufficient demonstration of national importance and economic impact, crucial for qualifying for a national interest waiver.
Reasoning:
The petitioner did not effectively establish that the business would have significant positive economic effects or that it would impact the antiques market or shipping industry at a nationally important level.
