Date of Decision: March 21, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing
Petitioner Information
Profession: Entrepreneur
Field: Marketing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The proposed endeavor has substantial merit within the marketing and entrepreneurial field.
Expertise: The petitioner has demonstrated expertise and success in past marketing projects and initiatives.
Criteria Not Met:
National Importance: The proposed endeavor did not establish significant potential to employ U.S. workers or generate substantial positive economic effects.
Broader Impact: The evidence did not show broader implications for the field beyond the petitioner’s immediate clients.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to develop and manage a marketing consulting agency to provide small and medium-sized companies a variety of marketing services, including brand strategy, digital marketing analysis, strategic planning, and social media management.
Substantial Merit and National Importance:
The endeavor has substantial merit as it falls within the areas of business and entrepreneurialism. However, the proposed endeavor lacks national importance as it does not demonstrate significant potential for broader economic impacts or substantial positive effects on the industry.
Supporting Evidence:
The petitioner provided a definitive statement, a five-year business plan, recommendation letters from prior customers, evidence of past marketing projects, and industry reports and articles detailing the economic importance of immigrants, entrepreneurs, small businesses, and the marketing industry. However, these did not sufficiently establish national importance.
Inconsistencies in Proposed Endeavor:
The business plan projected revenue and job creation numbers without adequate explanation or evidence to support these projections. Additionally, the actual earnings and hiring numbers from the petitioner’s business did not align with the projections in the business plan.
Supporting Documentation
Letters of Intent:
Provided, summarizing the petitioner’s success in past marketing initiatives but lacking broader industry impact.
Business Plan:
Detailed projected revenue and job creation numbers but lacked supporting evidence and realistic expectations based on past performance.
Advisory Letter:
Included, but primarily focused on the general importance of the marketing industry rather than the specific impact of the petitioner’s proposed endeavor.
Conclusion
The appeal was denied. The petitioner did not demonstrate that the proposed endeavor holds national importance as required under the Dhanasar framework.
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