Date of Decision: March 14, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Insurance and Risk Management
Petitioner Information
Profession: Insurance Specialist
Field: Risk Management and Insurance Sales
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: The Petitioner qualified as a member of the professions holding an advanced degree.
Criteria Not Met:
- Substantial Merit and National Importance: The Petitioner did not sufficiently demonstrate that the proposed endeavor has national importance.
- Well-Positioned to Advance the Proposed Endeavor: The Petitioner did not provide sufficient evidence to demonstrate potential positive impact beyond his company and its clientele.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intended to develop a business providing risk-management consultancy services to small businesses and selling insurance policies to individual clients. The company was to operate in Texas, focusing on economically depressed areas.
Substantial Merit and National Importance:
While the Director acknowledged the substantial merit of the Petitioner’s endeavor, the anticipated economic impact did not reach the level of “substantial economic effects” required. The Petitioner failed to provide sufficient evidence that his business would employ a significant population or substantially benefit the regional area through increased employment, business activity, trade, or tax revenue.
Supporting Evidence:
The Petitioner submitted a business plan and statements outlining the services he intended to provide. However, the business plan contained generalized descriptions without probative evidence to support claims of economic impact or significant job creation.
Inconsistencies in Proposed Endeavor:
The Petitioner’s claims of operating in economically depressed areas and hiring six employees were not supported by sufficient evidence. The potential impact of knowledge transfer to future employees was also deemed insufficient to demonstrate national importance.
Supporting Documentation
Business Plan:
Outlined the proposed services and the potential economic impact but lacked detailed evidence to substantiate claims.
Conclusion
The appeal was dismissed. The Petitioner did not establish that his proposed endeavor has national importance, nor did he provide sufficient evidence to support his claims. The petition remains denied.
