Date of Decision: November 16, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Not Specified
Petitioner Information
Profession: Not Specified
Field: Not Specified
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Motion to Reconsider: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The Petitioner did not meet any of the criteria necessary for the EB-2 National Interest Waiver.
Criteria Not Met:
- National Importance: The Petitioner did not demonstrate that his proposed endeavor had national importance. The evidence provided, including a business plan, did not sufficiently demonstrate that the Petitioner’s work would have a significant impact beyond his immediate business operations and clients to benefit the U.S. economy or any specific industry on a national scale.
Key Points from the Decision
Procedural Errors:
The Petitioner failed to provide a compelling reason to reconsider the previous decision. The arguments presented were deemed vague and did not effectively challenge the previous conclusions. The motion to reconsider was dismissed because it did not meet the required criteria of identifying specific errors in the application of law or policy.
National Importance:
The Director noted that the business plan submitted by the Petitioner forecasted modest growth and revenue but did not provide evidence that these projections would have substantial positive economic effects at a regional or national level. The Petitioner claimed that his business would create approximately 185 jobs, but the evidence did not demonstrate how these jobs would significantly impact the U.S. economy.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed in detail due to the failure to meet the first prong regarding national importance.
Supporting Documentation
Business Plan:
The business plan submitted by the Petitioner outlined projected revenues and staffing levels over five years, including the creation of approximately 185 jobs. However, the plan lacked detailed evidence of how these outcomes would translate into substantial economic benefits for the U.S. economy. The Director concluded that the plan did not demonstrate the national importance of the Petitioner’s proposed endeavor.
Motion Brief:
The motion brief submitted on reconsideration was reviewed but found insufficient to address the concerns raised in the previous decision. The brief did not provide a cogent argument for how the initial decision misapplied the law or policy.
Conclusion
Final Determination: The motion to reconsider was dismissed because the Petitioner did not establish that his proposed endeavor would have national importance or broader implications for any specific industry or the U.S. economy. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
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