Date of Decision: January 25, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Management and Business Consulting
Petitioner Information
Profession: Entrepreneur
Field: Management and Business Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Entrepreneurial and managerial skills
- The petitioner demonstrated entrepreneurial and managerial skills necessary to lead and develop a consulting company.
Criteria Not Met:
Criterion 1: Substantial Merit and National Importance
- While the proposed endeavor of managing a consulting firm was recognized as having substantial merit, it failed to establish national importance due to insufficient evidence of broad economic impact.
Criterion 2: National Impact - The petitioner’s plans did not convincingly show that the consulting services would extend significantly beyond his immediate clients to broadly impact the U.S. economy or security interests at a national level.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to own and manage a Florida-based consulting company, providing various management and financial analysis services internationally.
Substantial Merit and National Importance:
- The appeal focused on whether the petitioner’s business consulting services would impact the U.S. economy on a national scale. The decision noted, “An endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, may well be understood to have national importance.”
Supporting Evidence:
- The petitioner submitted business agreements and a business plan projecting substantial revenue growth and job creation. However, these were deemed insufficient to prove the endeavor’s national importance.
Inconsistencies in Proposed Endeavor:
- The appeal highlighted a lack of detailed evidence supporting the economic projections and the broader impact of the petitioner’s business plan.
Supporting Documentation
Business Plan:
- Projected to increase sales and expand employment significantly over five years, but lacked detailed substantiation for these projections.
Conclusion
Final Determination:
- The appeal was dismissed as the petitioner failed to demonstrate that his business consulting services had national importance. The decision emphasized the need for more concrete and detailed evidence to support claims of substantial national impact.
Reasoning:
- The decision underscored that while the petitioner’s business might benefit the economy on a smaller scale, it did not meet the threshold of national importance necessary for a national interest waiver.
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