Date of Decision: MAR. 17, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Advanced Degree, Exceptional Ability
Petitioner Information
Profession: Not Specified
Field: Not Specified
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Holding an Advanced Degree:
The Petitioner demonstrated eligibility for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
National Importance of Proposed Endeavor:
The Petitioner did not sufficiently demonstrate the national importance of her proposed endeavor under the first prong of the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor and activities were related to her field of expertise in advanced degree and exceptional ability.
Substantial Merit and National Importance:
The Petitioner did not sufficiently establish the national importance of her proposed endeavor, which is critical under the first prong of the Dhanasar analytical framework.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The findings indicated that the Petitioner did not meet the national importance requirement, rendering further analysis under the second and third prongs unnecessary.
Supporting Evidence:
The Petitioner provided evidence such as letters of intent, advisory letters, and a business plan, but these were insufficient to establish the national importance of her endeavor.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor; the main issue was the insufficient demonstration of national importance.
Supporting Documentation
Letters of Intent:
Summarized the Petitioner’s intent but did not sufficiently support the national importance claim.
Business Plan:
Outlined the proposed activities but lacked the necessary impact evidence to meet the national importance criterion.
Advisory Letter:
Supported the Petitioner’s qualifications but failed to establish the national importance of the endeavor.
Conclusion
The appeal was dismissed. The petitioner did not sufficiently demonstrate the national importance of her proposed endeavor, which is a critical requirement for the national interest waiver under the Dhanasar framework.
