Date of Decision: May 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: International Trade and Business Development
Petitioner Information
Profession: International Purchasing Director and Business Development Coordinator
Field: International Trade and Business Development
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s proposed endeavor to import and distribute PPE in the U.S. has significant merit, especially in the context of improving public health and economic stability.
- Well-Positioned to Advance the Endeavor: The petitioner’s experience and network in international trade positions them well to advance their proposed endeavor.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that their specific endeavor has a broader national or global impact within their field.
- Substantial Positive Economic Effects: The business plans lacked detailed revenue and staffing projections necessary to establish substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to create a company in Florida, providing services such as importing PPE from Latin America, identifying suppliers, ensuring delivery to U.S. wholesalers and healthcare facilities, offering customer service through a digital platform, and logistics consulting including warehouse rental.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit due to its potential to improve public health by ensuring a stable supply of PPE. However, the national importance criterion was not met as the petitioner failed to demonstrate how the endeavor would have broader implications beyond the immediate business benefits.
Supporting Evidence:
The petitioner provided two business plans, a letter from a plastic surgeon, and several news articles. However, these did not convincingly establish the national importance of the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s business plans projected the creation of five jobs, but the specific roles and their alignment with the proposed endeavor were not clearly detailed, leading to inconsistencies.
Supporting Documentation
Letters of Intent:
A letter from a plastic surgeon emphasized the importance of PPE and the potential economic benefits of the petitioner’s business.
Business Plan:
The business plan projected significant revenue and job creation but lacked detailed justification for these projections.
Advisory Letter:
Included opinions on the potential impact of the petitioner’s business but did not provide specific evidence to support national importance.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not sufficiently establish the national importance of their proposed endeavor, nor did they provide convincing evidence of substantial positive economic effects at a national level.
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