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: [Field Not Specified]
Petitioner Information
Profession: Member of Professions Holding an Advanced Degree
Field: [Field Not Specified]
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: [Not Met] The petitioner did not demonstrate that her proposed endeavor extends beyond her company or its clientele to impact the industry or the field more broadly at a national level.
- Criterion 2: [Not Met] The petitioner did not demonstrate that her employment and revenue projections reflect significant potential to employ U.S. workers or offer substantial positive economic effects nationally.
Criteria Not Met:
- Criterion 1: National Importance: The petitioner failed to establish that her proposed endeavor impacts the industry or the field at a level of national importance.
- Criterion 2: Substantial Merit: The revenue projections and employment potential were not found credible or substantial enough to justify a national interest waiver.
Key Points from the Decision
Proposed Endeavor:
- The petitioner proposed an endeavor that primarily benefits her own company and its direct clientele without showing a broader impact on the industry or field at the national level.
Substantial Merit and National Importance:
- The petitioner’s claims of substantial merit and national importance were not supported adequately by credible employment and revenue projections. The review highlighted a lack of significant impact on national employment or economic conditions.
Supporting Evidence:
- The evidence provided, including business projections and employment plans, was deemed insufficient to demonstrate the national importance and substantial merit required for the NIW.
Inconsistencies in Proposed Endeavor:
- The appeal highlighted inconsistencies in the petitioner’s claims about the scope and impact of her endeavor, noting a lack of detailed, credible evidence to support her assertions.
Supporting Documentation
Letters of Intent: (if applicable)
- [Not Mentioned]
Business Plan: (if applicable) - [Not Mentioned]
Advisory Letter: (if applicable) - [Not Mentioned]
Any other supporting documentation: (if applicable) - [Not Mentioned]
Conclusion
Final Determination: The motions to reopen and reconsider were dismissed due to insufficient evidence to meet the required legal standards and criteria for an EB-2 National Interest Waiver. The appeal remains dismissed, and the underlying petition denied.
Reasoning:
- The final determination was based on the petitioner’s failure to adequately demonstrate how her endeavor meets the national interest standards as required, and a lack of new, compelling evidence to justify reconsideration or reopening of the case.
Download the Full Petition Review Here
