Date of Decision: June 06, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Cargo Transportation and Logistics
Petitioner Information
Profession: Entrepreneur
Field: Cargo Transportation and Logistics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated the substantial merit of her business plan, which aims to enhance supply chain efficiency and sustainability within the cargo transportation industry.
- Well-Positioned to Advance the Endeavor: Through a detailed business plan, the petitioner showed she is well-positioned due to her background and proposed business strategies.
Criteria Not Met:
- National Importance: The AAO found that the prospective impact of her business did not extend significantly beyond her immediate clientele to broader industry or national implications, which is required under the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
- The petitioner planned to establish a cargo transportation and logistics consulting company in the U.S., aiming to provide comprehensive services across the supply chain and logistics spectrum.
Substantial Merit and National Importance:
- The business was recognized for its substantial merit, particularly in enhancing supply chain and logistics operations. However, its national importance was questioned due to the limited broader impact beyond direct clients.
Supporting Evidence
- The petitioner submitted multiple documents including a personal statement, recommendation letters, an expert opinion letter, and industry articles to support the substantial merit and readiness of her endeavor. However, the evidence was deemed insufficient to prove national importance.
Inconsistencies in Proposed Endeavor
- The AAO noted inconsistencies in the petitioner’s response regarding the core objectives of her business, impacting the clarity and perceived feasibility of the proposed endeavor.
Supporting Documentation
Business Plan:
- Detailed strategies for expanding operations across key U.S. states, intended to decentralize and optimize logistics operations, though it lacked persuasive evidence on national impact.
Expert Opinion Letter:
- Provided general endorsements of the petitioner’s capabilities but lacked specific insights into the broader impacts of her endeavor on national scales.
Conclusion
The appeal was denied. The petitioner successfully demonstrated the substantial merit of her business but failed to convincingly argue its national importance as per the Dhanasar framework’s requirements.
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