Date of Decision: JAN. 26, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Economics
Petitioner Information
Profession: Entrepreneur
Field: Economics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: Petitioner qualifies with a foreign equivalent of a bachelor’s degree in economics and over five years of progressive experience.
- Substantial Merit: The proposed endeavor has substantial merit as it aims to strengthen small and medium-sized enterprises through various supports.
Criteria Not Met:
- National Importance: The record did not demonstrate that the proposed endeavor stands to sufficiently impact the consulting field or U.S. economy at a level of national importance.
- Prospective Impact: The endeavor lacks specific evidence demonstrating its potential for substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aims to enhance SME competitiveness and participation in job creation through a new educational program and software support in Texas and potentially other U.S. locations.
Substantial Merit and National Importance:
- While the endeavor has substantial merit, it fails to demonstrate national importance, with its impacts not extending beyond its immediate environment.
Supporting Evidence:
- The petitioner provided statements and planned activities but lacked sufficient details and evidence of broader economic impact.
Inconsistencies in Proposed Endeavor:
- There were discrepancies regarding the primary location of the project (Texas vs. Florida) and unclear ties to proposed “opportunity zones.”
Supporting Documentation
Letters of Intent:
- Not sufficiently detailed in the record.
Business Plan:
- General intentions outlined without specific actionable or impactful elements.
Advisory Letter:
- Not specifically detailed in the record.
Any other supporting documentation:
- General references to potential impacts on SMEs but lacks specific details or corroborative evidence.
Conclusion
Final Determination: The appeal is dismissed as the petitioner failed to demonstrate the national importance of the proposed endeavor, which is crucial for an EB-2 NIW approval.
Reasoning:
- The endeavor, while meritorious, lacks the national scope and impact required for the waiver. Specific economic benefits and broader implications were not sufficiently established.
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