Date of Decision: MAR. 1, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Event Planning
Petitioner Information
Profession: Event Planner
Field: Event Planning
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner qualifies as a member of the professions holding an advanced degree.
Criterion 2: The Petitioner is well-positioned to advance her proposed endeavor.
Criteria Not Met:
Criterion 1: The proposed endeavor’s national importance was not established.
Criterion 2: Waiving the job offer requirement would not benefit the United States on balance.
Key Points from the Decision
The Petitioner proposed to establish and operate an event planning company in the United States, which would also publish a marketing magazine featuring advertisements for related vendor services such as catering.
Proposed Endeavor:
The Petitioner’s proposed endeavor involves establishing an event planning company that will offer planning services and publish a marketing magazine with advertisements for related vendor services.
Substantial Merit and National Importance:
The Director found that the endeavor had substantial merit but did not meet the criteria for national importance. The evidence did not sufficiently demonstrate that the Petitioner’s endeavor would have substantial positive economic effects beyond her clients to benefit the nation.
Supporting Evidence:
The Petitioner provided a business plan, letters of support, and evidence of media recognition. However, this evidence was insufficient to establish national importance.
Inconsistencies in Proposed Endeavor:
The Petitioner claimed that her work would have broad impact through lecturing and mentoring, but the record did not provide sufficient evidence to support these claims. The business plan and expert opinion letters did not quantify the potential economic contributions or sufficiently describe the endeavor’s broad impact.
Supporting Documentation
Letters of Intent: The evidence included letters of support, but they did not establish national importance.
Business Plan: The business plan projected job creation and cultural promotion but did not demonstrate national impact.
Advisory Letter: The expert opinion letter overstated the evidence and conflated the importance of the event planning industry overall with the Petitioner’s specific endeavor.
Any other supporting documentation: The provided documentation did not demonstrate that the endeavor would extend beyond the company and its clientele to impact the field broadly.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the requisite first prong of the Dhanasar analytical framework, failing to establish that the proposed endeavor has national importance.
