Date of Decision: November 26, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration and Foreign Investment Consulting
Petitioner Information
Profession: Foreign Investment Consultant
Field: Business Administration and Foreign Investment Consulting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional:
The petitioner provided evidence of possessing a “Certificate in Business Management” but did not provide sufficient documentation to demonstrate possession of a U.S. advanced degree or its foreign equivalent. The provided certificates and credentials were not accompanied by official academic records or evaluations to establish equivalency.
Criteria Not Met:
Exceptional Ability:
The petitioner did not satisfy the regulatory criteria for classification as an individual of exceptional ability. The provided letters of recommendation did not demonstrate recognition for achievements and significant contributions to the field of financial services or foreign investment.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to engage in consulting U.S. businesses and private entrepreneurs on matters related to corporate finance in post-Soviet Central Asian republics, particularly Uzbekistan. The endeavor includes attracting American investment and creating joint Uzbek-American companies.
Substantial Merit and National Importance:
While the petitioner’s work in consulting and investment has potential merit, the evidence did not sufficiently demonstrate national importance. The petitioner’s proposed endeavor lacked specific information on the broader implications and prospective impact necessary to meet the national importance criterion under the Dhanasar framework.
Supporting Evidence:
The petitioner submitted documents including certificates, academic transcripts, letters from colleagues, and articles on investment opportunities in Uzbekistan. However, these documents did not establish the national importance of the petitioner’s work or demonstrate significant potential to employ U.S. workers or offer substantial positive economic effects.
Inconsistencies in Proposed Endeavor:
The petitioner did not provide sufficient information or evidence regarding the projected U.S. economic impact or job creation attributable to his work. The letters from colleagues highlighted general investment opportunities but did not offer specific examples of the petitioner’s significant contributions to the field.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
The petitioner provided letters of support, but these did not sufficiently establish his ability to advance his proposed endeavor or its national importance.
Any other supporting documentation:
Additional documents included certificates and letters from colleagues, but these did not collectively meet the eligibility criteria for an advanced degree professional or demonstrate the substantial merit and national importance of the petitioner’s proposed work.
Conclusion
Final Determination:
The appeal was dismissed. The petitioner did not establish that his proposed endeavor met the substantial merit and national importance criteria necessary for a national interest waiver, nor did he demonstrate that he qualified as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Reasoning:
The evidence provided did not adequately demonstrate the petitioner’s qualifications or the national importance of his proposed work. The petitioner’s activities and accomplishments were deemed insufficient to meet the criteria of national importance and the petitioner’s positioning to advance the endeavor. Consequently, the petition was denied based on the inability to meet the advanced degree professional or exceptional ability requirements and the national importance criterion under the Dhanasar framework.
