Date of Decision: May 25, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Logistics and Transportation
Petitioner Information
Profession: Entrepreneur
Field: Cargo Logistics and Transportation
Nationality: Kazakhstan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Required: The appeal acknowledged the requirement for an advanced degree or exceptional ability for the proposed endeavor.
Criteria Not Met:
Qualification as Advanced Degree Professional: The petitioner did not establish that his advanced degree and experience in law were applicable to the logistics and transportation industry.
National Interest: The petitioner failed to establish that his endeavor was in the national interest as he did not qualify for the underlying EB-2 classification.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to establish a cargo logistics and transportation business, applying his legal knowledge to the development of this business.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its potential merit. However, he failed to adequately demonstrate how his past experiences in law enforcement related to traffic crimes directly applied to the logistics and transportation sector, which undermined the claim of national importance.
Supporting Evidence:
The petitioner submitted:
An academic evaluation claiming equivalence to a U.S. master’s degree in law based on foreign education and professional experience.
A business plan detailing the operational goals of the logistics and transportation business.
Inconsistencies in Proposed Endeavor:
The petitioner’s work experience in law was not directly linked to logistics and transportation, making it challenging to establish the relevance of his qualifications to the proposed business endeavor.
Supporting Documentation
Academic Evaluation:
Asserted the equivalence of the petitioner’s foreign degree to a U.S. bachelor’s and master’s degree, but the relevance to the proposed business was not established.
Business Plan:
Outlined the structure and goals of the logistics and transportation business but failed to convincingly tie the petitioner’s legal background to the specific needs of this industry.
Conclusion
The appeal was dismissed as the petitioner did not demonstrate that his legal background and proposed business endeavor in logistics and transportation satisfied the criteria for an EB-2 classification or a national interest waiver. This decision emphasizes the importance of clearly connecting one’s professional qualifications and experiences to the proposed business endeavor when applying for an NIW.
