Date of Decision: February 14, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Trucking Industry
Petitioner Information
Profession: Entrepreneur
Field: Trucking Industry
Nationality: (not specified)
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Degree or Diploma: Bachelor’s degree in “technological machines and equipment” from an institution in Uzbekistan.
- Membership in a Professional Association: Member of the Owner-Operator Independent Drivers Association (OOIDA), though the professional nature of the association was questioned.
Criteria Not Met:
- License to Practice: Did not provide a copy of the Commercial Driver’s License (CDL).
- Salary Demonstrating Exceptional Ability: Did not provide comparative evidence showing that his earnings were higher than those of others in the field.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue his work in the trucking industry, focusing on providing transportation services.
Substantial Merit and National Importance:
The Petitioner failed to demonstrate substantial merit and national importance of his endeavor, as his contributions were not shown to have a significant impact on the national level.
Supporting Evidence:
The Petitioner submitted a bachelor’s diploma, employment letters, an evaluation of academic qualifications, tax returns, and membership details for the OOIDA. However, inconsistencies were noted in his employment history and supporting documents.
Inconsistencies in Proposed Endeavor:
There were discrepancies in the dates and nature of the Petitioner’s employment, as evidenced by contractor agreements and resume details.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Not applicable
Advisory Letter:
Not applicable
Conclusion
Final Determination:
The appeal was dismissed due to the Petitioner’s failure to establish eligibility for the EB-2 classification as either an advanced degree professional or an individual of exceptional ability.
Reasoning:
The Petitioner did not meet the required evidentiary criteria and failed to provide sufficient evidence of his qualifications and the national importance of his proposed endeavor.
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