Date of Decision: January 3, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship in Spa and Beauty Services
Petitioner Information
Profession: Entrepreneur
Field: Spa and Beauty Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated substantial merit through business plans and supporting documentation highlighting economic contributions and job creation potential.
- Well-Positioned to Advance the Endeavor: Supported by expert opinions and detailed business plans demonstrating the petitioner’s qualifications and readiness.
Criteria Not Met:
- National Importance: Failed to demonstrate that the endeavor has national importance. The appeal focused on local benefits without substantial evidence of broader national implications.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to establish and operate a spa center in Colorado, integrating eastern herbal treatments with western relaxation techniques.
Substantial Merit and National Importance:
The endeavor was recognized for its substantial merit in terms of innovation and job creation potential. However, it did not meet the national importance criterion as it lacked broader economic or societal impacts.
Supporting Evidence:
The business plan detailed market analysis, financial forecasts, and employment projections, but failed to convincingly project the national importance of the endeavor.
Inconsistencies in Proposed Endeavor:
The projected impacts and job creation numbers were deemed insufficiently substantiated with evidence, affecting the credibility of the claims.
Supporting Documentation
Business Plan:
Outlined the operational structure, financial forecasts, and growth potential of the spa center, but lacked adequate detail on national economic contributions.
Conclusion
Final Determination: The appeal was dismissed based on insufficient evidence of national importance, despite the substantial merit of the proposed endeavor.
Reasoning:
The decision emphasized the lack of broad economic impact and insufficient demonstration of how the endeavor would significantly benefit the national economy or address national challenges.
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