Date of Decision: JAN. 04, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Coaching
Petitioner Information
Profession: Entrepreneur
Field: Business Coaching
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s proposed endeavor was acknowledged to have substantial merit and national importance, focusing on empowering women through professional and leadership development.
Criteria Not Met:
- Well Positioned to Advance the Proposed Endeavor: The petitioner failed to demonstrate that she was well-positioned to advance her proposed endeavor. The evidence did not adequately support her claims about her prior success or the potential impact and scope of her business plans in the U.S.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to provide business coaching and development training focused on female empowerment in the U.S., expanding operations across states within five years.
Substantial Merit and National Importance:
The decision recognized the merit and importance of the petitioner’s endeavor but noted a lack of sufficient evidence to demonstrate a significant prospective impact on national interests.
Supporting Evidence:
Included a business plan and certificates of incorporation but lacked compelling evidence of the business’s potential success or significant interest from potential clients.
Inconsistencies in Proposed Endeavor:
There were inconsistencies between the petitioner’s past achievements and her proposed plans, with limited evidence supporting her ability to execute on a larger scale in the U.S.
Supporting Documentation
Business Plan:
Outlined plans for professional development courses and additional services, aiming to empower women but lacked detailed financial projections and investor interest.
Conclusion
Final Determination: The petitioner failed to meet the criteria necessary for a national interest waiver. The appeal was dismissed based on insufficient evidence that she was well-positioned to advance her proposed endeavor.
