Date of Decision: January 17, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Supply Chain and Logistics
Petitioner Information
Profession: Logistics Business Owner
Field: Supply Chain and Logistics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s logistics consulting company has substantial merit due to its role in assisting businesses with efficient transport of goods.
Criteria Not Met:
- National Importance: The endeavor lacks national importance as it does not demonstrate broader implications beyond individual business benefits. The appeal was dismissed because it failed to meet the first prong of the Dhanasar framework, which is essential for a National Interest Waiver.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to operate a logistics consulting company in Florida aimed at aiding supply chain players to adjust their business strategies and comply with regulatory standards.
Substantial Merit and National Importance:
Although the petitioner’s work is in demand, and helping businesses in efficient transportation has substantial merit, the endeavor was deemed not to have national importance. The petitioner’s services, while beneficial to individual companies, lack broader implications that could justify a National Interest Waiver.
Supporting Evidence:
The petitioner submitted a business plan, business contracts, and expert opinion letters. However, these documents failed to demonstrate the broader impact required to establish national importance.
Inconsistencies in Proposed Endeavor:
There were significant gaps in how the petitioner’s endeavor would achieve broader economic benefits or substantial positive economic effects, as needed for a National Interest Waiver.
Supporting Documentation
Business Plan:
Outlined growth projections but lacked evidence to substantiate these forecasts, undermining the credibility of the proposed financial and operational impact.
Conclusion
Final Determination: The petitioner did not meet the first prong of the Dhanasar framework, which necessitates showing that the proposed endeavor has national importance. Consequently, the appeal was dismissed.
Reasoning:
The absence of sufficient evidence to demonstrate the national importance and broader economic impact of the petitioner’s endeavor led to the appeal’s dismissal.
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