Date of Decision: November 28, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Fitness and Entrepreneurship
Petitioner Information
Profession: Fitness Instructor and Entrepreneur
Field: Fitness and Entrepreneurship
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance: The petitioner demonstrated substantial merit and importance of fitness and health.
Well Positioned to Advance the Endeavor: The petitioner was found to be well-positioned to advance her proposed endeavor.
Criteria Not Met:
National Importance: The petitioner failed to prove that her specific endeavor would have a national impact.
Beneficial to Waive Labor Certification: The petitioner did not establish that waiving the labor certification would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to operate a fitness business offering Pilates classes, fitness programs, and instructor training.
Substantial Merit and National Importance:
While the importance of fitness was acknowledged, the petitioner did not establish that her specific endeavor had national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s proposed endeavor was not shown to provide substantial positive economic effects or impact the fitness industry on a national scale.
Supporting Evidence:
The petitioner submitted a business plan outlining the company’s business model, finances, and growth potential. Despite this, the evidence was insufficient to prove national importance.
Inconsistencies in Proposed Endeavor:
The petitioner did not adequately demonstrate how her proposed business would significantly impact the national economy or the fitness industry.
Supporting Documentation
Advisory Letter:
An adjunct professor’s advisory letter was provided but did not sufficiently explain how the proposed endeavor would address workforce shortages in the fitness industry.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not demonstrate the national importance of her proposed endeavor as required by the Dhanasar framework.
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