Date of Decision: February 26, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship
Petitioner Information
Profession: Entrepreneur
Field: Logistics Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Membership in Professional Associations: The petitioner fulfilled the criterion by being a member of relevant professional associations.
- Recognition for Achievements and Significant Contributions: The petitioner demonstrated recognition for achievements and significant contributions in his field.
Criteria Not Met:
- Ten Years of Full-Time Experience in the Occupation: The petitioner did not provide sufficient evidence to meet the regulatory criterion of having at least ten years of full-time experience in the occupation for which he is being sought.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show that he was well-positioned to advance his proposed endeavor.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to demonstrate that, on balance, waiving the labor certification requirement would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his entrepreneurial activities in the logistics industry. He aimed to contribute to the field through his business operations and strategic direction.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was acknowledged for its potential merit and importance in the logistics industry. However, the evidence provided did not sufficiently demonstrate the national importance of his contributions.
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 benefit the United States by enhancing the logistics industry. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, employment certificates, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact his field. The letters from colleagues and professionals praised his work but did not provide concrete examples of his business being implemented or having a substantial influence.
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 in the field of entrepreneurship in logistics.
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
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
