Date of Decision: April 17, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Pharmaceutical Entrepreneurship
Petitioner Information
Profession: Pharmacist and Entrepreneur
Field: Pharmaceutical Entrepreneurship
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Professional Expertise: Demonstrated through 20 years as a Pharmacist with significant knowledge in parenteral nutrition.
- Business Plan and Employment Creation: Projected to hire 27 employees and generate approximately $2.5 million in revenue by the fifth year.
Criteria Not Met:
- Substantial Merit and National Importance: Insufficient evidence to demonstrate that the endeavor has substantial merit or national importance as required by the Dhanasar framework.
- Detailed Description and Impact of Proposed Endeavor: Failed to provide detailed descriptions or adequate documentary evidence to support the endeavor’s national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to use her expertise to launch a business in Florida, specializing in parenteral nutrition products.
Substantial Merit and National Importance:
The Director found the description of the proposed endeavor too generalized despite the petitioner’s claims of its potential economic impact and significance in the healthcare industry.
Supporting Evidence:
The petitioner submitted academic credentials, an expert opinion letter, recommendation letters, and industry reports, which were deemed insufficient to meet the criteria of substantial merit and national importance.
Inconsistencies in Proposed Endeavor:
The appeal revealed inconsistencies and a lack of detailed documentation about the actual impact and implementation of the proposed business venture.
Supporting Documentation
Business Plan:
Outlined growth projections and hiring plans, but failed to convincingly detail how these goals would be achieved or their impact on the national economy.
Advisory Letter:
Provided a general endorsement of the petitioner’s qualifications but lacked compelling details about the specific endeavor’s national importance.
Conclusion
The appeal was denied. The petitioner did not adequately demonstrate that her proposed business venture would significantly impact the U.S. economy or fulfill criteria of national importance necessary for a waiver under the Dhanasar framework.
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