Date of Decision: December 8, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business and Transportation
Petitioner Information
Profession: Entrepreneur
Field: Commercial Transportation
Nationality: Kazakhstan
Summary of Decision
Initial Decision: Approved, then Revoked
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: Demonstrated in the field of commercial transportation
National Importance: Insufficient evidence provided
Criteria Not Met:
Potential Economic Impact: Failed to show significant potential to employ U.S. workers or provide substantial economic benefits
National Impact: Did not extend beyond the company to impact the industry at a national level
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to operate a transportation company providing long-distance freight trucking and logistics planning throughout the United States. The endeavor was claimed to improve productivity and profitability levels, generate revenue, and create employment opportunities.
Substantial Merit and National Importance:
While the proposed endeavor has substantial merit in the commercial transportation field, the petitioner did not provide sufficient evidence to demonstrate its national importance. The appeal failed to establish how the company’s operations would have national or global implications beyond its immediate business activities.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not meet the first prong of the Dhanasar framework, as the proposed endeavor did not show significant potential for positive economic effects on a national scale.
Supporting Evidence:
- Business Plan: The petitioner submitted a business plan that projected hiring 11 employees within five years and generating substantial revenue. However, it lacked specific data or documentation supporting these projections.
- Expert Opinion Letter: The letter provided was vague, lacked detailed analysis, and did not convincingly support the national importance of the petitioner’s proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s response to the Notice of Intent to Revoke (NOIR) contained inconsistencies, including unsubstantiated claims about providing marketing insights for Brazilian companies despite the petitioner being from Kazakhstan and lacking connections to Brazil or Latin America.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
The business plan projected significant growth but lacked specific evidence or data to support the financial and staffing projections.
Advisory Letter:
An advisory letter from a professor was provided but did not add substantial independent analysis or support for the national importance of the endeavor.
Any Other Supporting Documentation:
Not applicable
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner failed to demonstrate the national importance of the proposed endeavor and did not meet the requisite first prong of the Dhanasar analytical framework.
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