Date of Decision: June 21, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: None
Petitioner Information
Profession: None
Field: None
Nationality: Unspecified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s proposed endeavor was implicitly recognized to have substantial merit and national importance.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The initial decision did not explicitly analyze whether the petitioner was well-positioned to advance their proposed endeavor.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The initial decision did not render a determination on this criterion.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed an endeavor related to their field of expertise, which was implicitly recognized as having substantial merit and national importance.
Substantial Merit and National Importance:
Although the initial decision did not explicitly analyze this prong, it was implied that the proposed endeavor met the substantial merit and national importance criteria.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The initial decision did not provide an analysis on whether waiving the labor certification requirements would benefit the United States.
Supporting Evidence:
The petitioner submitted additional documentation and a brief asserting their eligibility for a national interest waiver on appeal.
Inconsistencies in Proposed Endeavor:
The decision did not address specific inconsistencies in the proposed endeavor.
Supporting Documentation
Letters of Intent:
Not provided or summarized in the decision.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Additional documentation was submitted on appeal but not detailed in the decision.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The petitioner’s case was remanded because the Director’s decision was insufficient for review. The Director did not determine whether the petitioner qualified for the underlying EB-2 classification. If the petitioner qualifies, the Director should apply all three prongs of the Dhanasar framework to determine if a national interest waiver is warranted.
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