Date of Decision: September 21, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Real Estate and Business Development
Petitioner Information
- Profession: Entrepreneur in Real Estate and Business Development
- Field: Real Estate and Business Development
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, an entrepreneur focused on real estate and business development, sought classification under the EB-2 category as an individual of exceptional ability and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that waiving the job offer requirement would be in the national interest. The Administrative Appeals Office (AAO) reviewed and dismissed the appeal.
Key Points from the Decision
- Qualification as an Individual of Exceptional Ability: The Director initially found that the petitioner qualified as an individual of exceptional ability based on his education and ten years of employment. However, the Director did not provide a detailed analysis of the evidence, and the AAO reserved the issue of the petitioner’s eligibility for the underlying EB-2 classification.
- Proposed Endeavor: The petitioner described his proposed endeavor as continuing to work as an entrepreneur, developing new enterprises for the North American market, creating jobs, and generating tax revenue. He planned to operate a consulting company providing services in construction, management, and real estate consulting. However, the AAO found that the petitioner did not sufficiently demonstrate that his specific proposed endeavor would have national importance. The business plan, while discussing job creation and economic impact, lacked specific details and evidence to substantiate the projected outcomes.
- National Importance: The AAO emphasized that the importance of the industry (real estate) does not automatically confer national importance on the petitioner’s specific endeavor. The petitioner’s proposed work, while potentially beneficial at a regional level, did not demonstrate broader implications that would have a significant impact on the U.S. economy or society at a national level. The AAO concluded that the petitioner’s proposed endeavor did not meet the first prong of the Dhanasar framework, which requires substantial merit and national importance.
- Supporting Evidence: The petitioner submitted industry reports, articles, and an expert opinion letter to support his claims. However, the AAO found that these documents primarily addressed the general importance of real estate and business development rather than the national importance of the petitioner’s specific endeavor.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not establish that his proposed endeavor had national importance. As a result, he did not qualify for a national interest waiver.
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