Date of Decision: May 10, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Construction and Trucking
Petitioner Information
Profession: Entrepreneur
Field: Construction and Trucking
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s construction and trucking business is deemed of substantial merit due to its significant potential impact on the economy and community infrastructure.
- Position to Advance: The petitioner, with over 25 years of experience, is well-positioned to advance the proposed business in the construction and trucking industry.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate the national importance of the proposed endeavor sufficiently. The business plan did not convincingly show how the economic impact would be substantial at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to enhance the construction and trucking sectors in Florida, focusing on disaster relief and improving living conditions through better infrastructure.
Substantial Merit and National Importance:
While the petitioner’s endeavor has substantial merit within the local economy, it lacks a broader, nationally significant impact necessary for a National Interest Waiver.
Supporting Evidence
The petitioner provided extensive documentation, including a business plan that detailed the operational strategy and projected economic contributions of the proposed business.
Inconsistencies in Proposed Endeavor
There were discrepancies in the job creation projections and their national economic impact, which were not adequately substantiated with empirical data or detailed methodologies.
Supporting Documentation
Business Plan:
Outlines goals to employ 90 individuals within five years, generating over $11 million in revenue. However, the economic impact and job creation figures were not adequately supported by concrete evidence.
Conclusion
The appeal was denied. The petitioner did not adequately demonstrate the national importance of the proposed business operations, despite clear economic intentions and potential local benefits.
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