Date of Decision: April 18, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business and Financial Management
Petitioner Information
Profession: Executive and Business Owner
Field: Business and Financial Management
Nationality: [Nationality Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The petitioner claimed qualification based on foreign education equivalent to a U.S. baccalaureate degree and over five years of post-baccalaureate experience.
- Substantial Merit: The proposed business was recognized for its substantial merit in promoting healthier lifestyle choices through functional beverages.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that his endeavor had national importance. The appeal was dismissed on this basis without addressing other prongs of the Dhanasar framework.
- Well-Positioned to Advance: The petitioner did not convincingly show he was well-positioned to advance the proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to establish a New Jersey-based business to manufacture and distribute functional beverages intended to improve public health by reducing obesity.
Substantial Merit and National Importance:
While the endeavor was acknowledged for its substantial merit, it was not considered of national importance. The efforts were seen as lacking broader implications that could impact the national public health landscape significantly.
Supporting Evidence
The petitioner provided educational documents, a business plan, and letters of recommendation which supported the substantial merit but failed to solidify the argument for national importance.
Inconsistencies in Proposed Endeavor
There were inconsistencies in the petitioner’s credentials and qualifications that were highlighted during the appeal, casting doubt on his claims.
Supporting Documentation
Letters of Intent:
The letters supported the petitioner’s professional experience but lacked specific endorsements for the current endeavor.
Business Plan:
Outlined growth and employment projections but failed to detail the impact on national health or economic factors sufficiently.
Advisory Letter:
General support was provided without significant emphasis on national impact.
Conclusion
The appeal was denied. The petitioner did not convincingly demonstrate that his business endeavor was of national importance, a critical requirement for the national interest waiver.
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