Date of Decision: June 26, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Water Purification and Business Management
Petitioner Information
Profession: Entrepreneur
Field: Water Purification and Business Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner was recognized as meeting the qualifications for an advanced degree professional, possessing a master’s degree in Organization Management with a concentration in Construction from a university in Russia. This was initially submitted with transcripts and additional credentials, though there were concerns about the sufficiency of the documentation in fully establishing the degree equivalency to a U.S. advanced degree.
Criteria Not Met:
National Importance of Proposed Endeavor: The petitioner proposed to manage a water purification company that aims to address water contamination issues in southern Florida. The business plan focused on providing water testing, consultation, and installation of water systems to residents and businesses. However, the petitioner did not sufficiently demonstrate that this endeavor would have a significant impact on a national scale. While the importance of clean water access is recognized, the petitioner’s evidence focused on the general need for water purification rather than demonstrating how the specific business activities would influence the broader U.S. water purification industry or have substantial national implications.
Substantial Positive Economic Effects: The petitioner’s business plan projected economic benefits, including job creation and the expansion of services statewide. However, these projections were not supported by detailed evidence, and the petitioner did not provide clear documentation to demonstrate how the proposed business would generate substantial positive economic effects on a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to manage a company specializing in water purification, focusing on addressing water contamination issues in southern Florida. The business aimed to provide water testing, consultations, and installation of water purification systems, with plans to expand statewide. The petitioner emphasized the need for safe drinking water and aimed to offer solutions that avoid the scare tactics commonly used in the industry.
Substantial Merit and National Importance:
While the petitioner’s work in water purification is valuable, the decision emphasized that the petitioner did not sufficiently demonstrate how his proposed endeavors would have a broader impact on a national scale. The evidence provided, including statistics on water contamination and general reports on the water industry, did not adequately establish the national importance of the petitioner’s specific business activities.
Supporting Evidence:
The petitioner submitted a business plan, letters of recommendation, and industry reports related to water purification. However, these documents did not provide sufficient evidence to support the claim that his work would rise to the level of national importance as required by the Dhanasar framework.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements regarding the potential national impact of his business were not sufficiently supported by the evidence. While the petitioner highlighted the importance of clean water access, the connection between his specific business and broader national benefits was not clearly established, leading to concerns about the overall feasibility and impact of the proposed endeavor.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan outlined the proposed services and projected growth, but it lacked sufficient detail and evidence to substantiate claims of national importance or significant economic impact.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The petitioner submitted industry reports and letters of recommendation, but these did not directly address the national importance of his specific endeavor.
Conclusion
Final Determination: The appeal was denied.
Reasoning: The petitioner did not provide sufficient evidence to demonstrate that his proposed work in water purification would have a significant national impact. Although he met the criteria for an advanced degree professional, the lack of compelling evidence regarding the national importance of his endeavor led to the denial of the appeal.
