Date of Decision: March 10, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Food Innovation and Consultancy
Petitioner Information
Profession: Food Innovation Consultant
Field: Food Innovation and Consultancy
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner demonstrated qualifications as an advanced degree professional with a foreign equivalent of a U.S. master’s degree in agriculture.
Criteria Not Met:
National Importance: The Petitioner did not establish that her proposed endeavor would have significant national or regional implications.
Substantial Positive Economic Impact: The Petitioner’s financial projections and business records did not indicate a substantial economic impact.
Key Points from the Decision
Proposed Endeavor: The Petitioner, a food innovation consultant from Venezuela, aims to help small U.S. food businesses focus on their customers and introduce safer, healthier products. She has established a consultancy in the U.S. and submitted evidence of having clients.
Substantial Merit and National Importance: The Petitioner’s proposed endeavor has substantial merit, with the potential to provide economic and health benefits. However, the Petitioner did not sufficiently demonstrate the national importance of her work. Her projections of employing six people and generating $425,000 in revenue by the seventh year do not indicate a significant regional or national impact.
Supporting Evidence: The Petitioner provided a business plan, letters of support, and evidence of her consultancy’s existing clients. A letter from a U.S. emeritus professor of food science indicated that her work would further national goals of reducing food waste and improving food security. A local college also indicated intent to hire her to teach food innovation and sustainability.
Inconsistencies in Proposed Endeavor: The financial records of the Petitioner’s consultancy, including federal income tax returns, reported no salary or wage payments, indicating that the business has no employees. The revenues and net income reported did not support claims of substantial economic impact.
Supporting Documentation
Letters of Intent:
The Petitioner provided a letter from a local college expressing intent to hire her for teaching and training food business owners.
Business Plan:
The business plan outlined projections for employment and revenue but lacked sufficient detail to demonstrate a substantial economic impact.
Advisory Letter:
The emeritus professor’s letter supported the merit of the Petitioner’s work but did not sufficiently demonstrate the specific national importance of her proposed endeavor.
Any other supporting documentation:
The Petitioner provided evidence of her educational qualifications and professional experience, but this did not adequately establish the national impact of her consultancy.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner not meeting the national importance criteria under the Dhanasar framework.
Reasoning: The Petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor would have significant national or regional implications. The financial projections and existing business records did not indicate a substantial positive economic impact.
