Date of Decision: March 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Filmmaking and Video Production
Petitioner Information
Profession: Filmmaker
Field: Filmmaking and Video Production
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The endeavor to open a consultancy and training office in filmmaking was acknowledged as of substantial merit.
- Well Positioned to Advance: The petitioner provided a detailed business plan illustrating preparedness to implement the proposed activities.
Criteria Not Met:
- National Importance: The record does not demonstrate that the proposed endeavor would impact beyond immediate clients and employees or have broader economic benefits.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to found a consulting and production company specializing in live broadcasting in Orlando, Florida.
Substantial Merit and National Importance:
While the venture was considered of substantial merit, it lacked evidence of national importance. The potential impact was seen as limited to direct clients and not influential on a national scale.
Supporting Evidence:
The petitioner submitted a business plan detailing operational strategies and potential growth. However, it failed to convincingly argue for the national importance of the endeavor.
Inconsistencies in Proposed Endeavor:
The business plan lacked specifics on job creation timelines and the immediate economic impacts, which undermined the argument for national importance.
Supporting Documentation
Business Plan:
Outlined growth from four to seven employees over five years but lacked compelling details on significant economic contributions or job creation in a broader context.
Conclusion
The appeal was denied as the petitioner did not demonstrate that the endeavor holds national importance. Despite the substantial merit, the lack of broader economic impact and detailed job creation plans were pivotal in the decision.
