Date of Decision: January 4, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Reinsurance Brokerage
Petitioner Information
Profession: Mechanical Engineer
Field: Reinsurance Brokerage
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of the Endeavor: Demonstrated substantial merit in areas such as business and entrepreneurship through the planned creation of a reinsurance brokerage firm aiming to employ advanced IT solutions and link South American markets with the U.S. underwriter market.
- Well-Positioned to Advance the Endeavor: Highlighted by the petitioner’s extensive experience in the reinsurance industry and significant professional network.
Criteria Not Met:
- National Importance: The petitioner failed to establish that the proposed endeavor has national importance, focusing rather on the importance of the industry or field instead of the specific activities of the proposed company.
- Economic Impact: Insufficient evidence that the business would significantly impact U.S. employment or the economy.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to establish a reinsurance brokerage firm, E-R-, which would serve as a link between markets in Colombia, Chile, and Peru and the U.S. underwriting market.
Substantial Merit and National Importance:
While the endeavor was recognized for its business merit, its impact was not considered nationally important as required. The petitioner focused more on the industry’s significance rather than how his specific endeavor would contribute nationally.
Supporting Evidence:
Presented were the business plan and personal commitments, such as training initiatives and expected contributions to federal taxes, which did not convincingly demonstrate a national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s emphasis on broad industry impact rather than specific national benefits of his endeavor was a critical inconsistency in demonstrating national importance.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan:
Outlined a growth from $1.4M in year 1 to $2.5M in year 5 and job creation from 7 to 10 positions, but failed to show substantial positive economic impacts at a national level.
Advisory Letter: Not applicable
Other supporting documentation: Included various industry insights and potential benefits, yet lacked specific proof of national importance.
Conclusion
Final Determination:
The appeal is dismissed based on the failure to meet the national importance criterion under the Dhanasar framework. The business plan and petitioner’s credentials, while impressive, did not align sufficiently with the stringent requirements for a national interest waiver.
Reasoning:
The decision primarily hinges on the inability to demonstrate that the proposed endeavor would have significant national implications, focusing instead on general industry significance which is insufficient for NIW criteria.
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