Date of Decision: September 22, 2017
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:
None
Criteria Not Met:
Advanced Degree Professional
The Petitioner did not possess an advanced degree or its equivalent. The highest level of education indicated was high school, and while the Petitioner was enrolled in a Master’s degree program, it was not completed at the time of filing.
Exceptional Ability
The Petitioner did not meet the regulatory criteria for exceptional ability in business. The evidence provided did not satisfy the necessary requirements, including proof of ten years of full-time experience, relevant licenses, substantial remuneration, membership in professional associations, or recognition for achievements and contributions.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue his entrepreneurial activities and establish various business ventures. However, the specifics of these endeavors and their impact on the national interest were not sufficiently detailed.
Substantial Merit and National Importance:
The Petitioner did not adequately demonstrate that his proposed entrepreneurial activities had substantial merit and national importance. The provided evidence did not establish a clear impact on the U.S. economy or other national interests.
Key quotes or references:
“The Petitioner must establish that he meets each eligibility requirement of the benefit sought by a preponderance of the evidence.” (Matter of Chawathe, 25 I&N Dec. 369, 375-76 AAO 2010)
Supporting Evidence:
The Petitioner provided corporate formation documents, Nigerian government contracts, and a resume. However, these documents did not clearly relate to the Petitioner’s claimed experience or establish his qualifications under the regulatory criteria.
Key quotes or references:
“The record does not include letters from prior employers attesting to the Petitioner’s experience in the field.”
Inconsistencies in Proposed Endeavor:
The Petitioner’s documentation showed inconsistencies, such as the lack of a clear relationship between the companies and the Petitioner. Additionally, the Petitioner’s spouse was listed as the sole director of one of the companies, which further complicated the claims of his experience and contributions.
Supporting Documentation
Letters of Intent:
Not Applicable
Business Plan:
Not Applicable
Advisory Letter:
Not Applicable
Any Other Supporting Documentation:
Corporate formation documents and Nigerian government contracts were provided, but they did not adequately support the Petitioner’s claims of exceptional ability.
Conclusion
Final Determination: The appeal was denied. The Petitioner did not meet the necessary criteria for an advanced degree professional or demonstrate exceptional ability in business.
Reasoning:
The Petitioner did not provide sufficient evidence of an advanced degree or its equivalent. Additionally, the evidence did not meet the regulatory criteria for exceptional ability, nor did it establish that waiving the job offer requirement would benefit the national interest.
Download the Full Petition Review Here
In Re: SEP222017_01B5203
Document Name: SEP222017_01B5203.pdf
