Date of Decision: February 08, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Frozen Fruit Distribution
Petitioner Information
Profession: Entrepreneur
Field: Frozen Fruit Distribution
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate the national importance of his proposed endeavor of frozen fruit distribution.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to continue operating his U.S. company, focusing on selling and distributing frozen fruits to both U.S. and international conglomerates, aiming to generate substantial sales.
Substantial Merit and National Importance:
While the Director recognized the substantial merit of the proposed endeavor, the appeal failed to establish its national importance. The endeavor did not demonstrate significant potential to employ U.S. workers or substantial positive economic effects on a national scale.
Supporting Evidence:
The petitioner provided various documents including business plans, tax returns, and expert letters, which outlined the operational scope and financial forecasts of his business. However, these did not sufficiently demonstrate the national importance of the endeavor.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted, but the appeal lacked adequate demonstration of national impact and substantial economic benefits.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Outlined goals such as expanding product offerings and enhancing brand presence through online and direct marketing strategies.
Advisory Letter:
Included general endorsements of the petitioner’s business acumen but failed to concretely address the national importance of the endeavor.
Any other supporting documentation:
Included market analyses and expert testimonies that highlighted the demand for frozen fruits but did not tie this demand to a national benefit clearly.
Conclusion
Final Determination:
The petitioner did not meet the first prong of the Dhanasar analytical framework required for a national interest waiver. The substantial merit of the business was acknowledged, but its national importance was not convincingly demonstrated. The appeal was therefore dismissed.
