Date of Decision: January 19, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Economics and Construction
Petitioner Information
Profession: Entrepreneur
Field: Construction and Housing Solutions
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of Proposed Endeavor: The petitioner demonstrated the substantial merit of his housing solutions designed for low-income and homeless individuals, particularly using innovative construction methods such as recycled cargo containers.
Criteria Not Met:
- National Importance of Proposed Endeavor: The director concluded that the petitioner did not demonstrate the national importance of his endeavor, particularly its potential economic benefits and impact on the housing crisis in the U.S.
- Well-Positioned to Advance the Endeavor: The absence of a detailed business plan and unclear potential impact of the endeavor contributed to this finding.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aims to address the housing crisis by providing innovative and affordable housing solutions, utilizing alternative construction methods to reduce costs and environmental impacts.
Substantial Merit and National Importance:
- While the endeavor has substantial merit, the director found it lacking in national importance due to insufficient demonstration of economic benefits and overall impact.
Supporting Evidence:
- The petitioner provided evidence from various reputable sources highlighting the need for affordable housing and the industry’s challenges, though it was deemed insufficient in demonstrating the national importance of the specific endeavor.
Inconsistencies in Proposed Endeavor:
- The lack of a detailed business plan and comprehensive evidence on the economic impact and potential job creation were seen as major inconsistencies.
Supporting Documentation
Letters of Intent:
- Not applicable as no specific letters of intent were discussed in the decision.
Business Plan:
- A detailed business plan was notably absent, affecting the evaluation of the endeavor’s potential impact.
Advisory Letter:
- Support letters indicated respect and support from colleagues but lacked substantial analysis of the endeavor’s impact.
Conclusion
Final Determination:
- The petitioner failed to establish the national importance of his endeavor, which is critical for a national interest waiver. The lack of a detailed business plan and insufficient evidence on economic impact were pivotal in the appeal’s dismissal.
Reasoning:
- The decision emphasized the need for concrete evidence of national importance and economic benefits, which were not sufficiently provided.
Download the Full Petition Review Here
