Date of Decision: January 10, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Freight Packing and Logistics
Petitioner Information
Profession: Entrepreneur
Field: Freight Packing and Logistics
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The Director and subsequent review found that the petitioner did not meet the necessary criteria for classification as an individual of exceptional ability.
Criteria Not Met:
- Academic Record: The petitioner’s degree in tourism and hospitality was not related to her claimed area of exceptional ability in freight packing and logistics.
- Work Experience: The petitioner failed to provide sufficient evidence of ten years of full-time experience in the relevant occupation.
- Professional Membership: The petitioner’s membership in an association did not meet the requirements for a professional association.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as an entrepreneur in the field of freight packing and logistics.
Substantial Merit and National Importance:
The petition did not establish substantial merit or national importance. The decision highlighted that the evidence did not sufficiently demonstrate how the petitioner’s proposed endeavor would significantly benefit the United States.
Supporting Evidence:
The petitioner provided various documents, including letters from former employers and an accountant, which were found to be inconsistent and insufficient in proving the required criteria.
Inconsistencies in Proposed Endeavor:
The petition contained discrepancies in the claimed work experience and hours worked, which cast doubt on the credibility of the evidence presented.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petition included letters from the petitioner and her accountant, which were found lacking in evidence to support the claims made.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for classification as an individual of exceptional ability and did not provide sufficient evidence to merit a national interest waiver.
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