Date of Decision: January 4, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Martial Arts and Fitness Training
Petitioner Information
Profession: Fitness Director
Field: Martial Arts and Fitness Training
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as a professional with an advanced degree: The petitioner was recognized as qualifying due to her advanced degree and professional standing.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate how her proposed role as a fitness director would have substantial positive economic effects or significant potential to employ U.S. workers.
- Advancement of the Proposed Endeavor: There was a lack of evidence to suggest that the petitioner is well positioned to advance the proposed endeavor to a level of national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to work as a Fitness Director, creating training plans and guiding personal trainers and athletes to improve their performance in martial arts and general fitness.
Substantial Merit and National Importance:
The decision acknowledged the substantial merit of the endeavor but questioned its national importance due to insufficient evidence of broader economic or societal impact.
Supporting Evidence:
Various documents, including personal statements and letters from employers and clients, were provided but failed to convincingly argue the national significance of the petitioner’s work.
Inconsistencies in Proposed Endeavor:
Notable inconsistencies in the documentation and discrepancies in signatures cast doubt on the authenticity of the submitted personal statements.
Supporting Documentation
Letters of Intent:
Not applicable as no specific letters of intent were discussed.
Business Plan:
No specific business plan was provided in the appeal documentation.
Advisory Letter:
An advisory letter was mentioned but was criticized for its authenticity and lack of specific relevance to the national importance of the endeavor.
Any other supporting documentation:
The submitted documents did not adequately support the national importance or potential economic impact of the petitioner’s endeavor.
Conclusion
Final Determination:
The petitioner did not meet the first prong of the Dhanasar framework, which requires proving that the endeavor has substantial merit and national importance. The appeal was consequently dismissed.
Reasoning:
The primary reasons for the decision included the lack of substantial and reliable evidence to support the claim of national importance, along with inconsistencies in the documentation provided.
