Date of Decision: May 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship
Petitioner Information
Profession: Entrepreneur
Field: Business and Entrepreneurship
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of Endeavor: Demonstrated through “Industrial Reports and Articles” covering entrepreneurialism, validating the merit of his proposed business activities.
- Well-Positioned to Advance: Supported by the petitioner’s extensive experience and skills in business management and development.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate how his cellphone accessory business impacts the national economy significantly or satisfies the national importance requirement.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to expand his cellphone accessory business across U.S. malls, intending to enhance U.S. business productivity and market growth.
Substantial Merit and National Importance:
While the petitioner’s business activities are meritorious, they lack broader implications for national importance. His endeavor is seen as not having sufficient impact on the national economy or field beyond his immediate business scope.
Supporting Evidence:
Petitioner provided substantial documentation supporting his business acumen and the operational plans for his endeavor, but these were insufficient to establish national importance.
Inconsistencies in Proposed Endeavor:
Despite claims of substantial economic and employment impacts, the evidence did not convincingly show that these benefits would extend significantly beyond the immediate regions of operation or influence the broader U.S. economy at a level required for national importance.
Supporting Documentation
Business Plan:
Outlined plans for expansion and economic contribution, including job creation and tax revenue projections. However, it failed to demonstrate a significant impact at the national level.
Conclusion
The appeal was denied. The petitioner did not demonstrate the national importance of his business endeavor to a degree that would justify a national interest waiver.
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