Date of Decision: December 27, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Veterans’ Services and Wounded Warrior Care
Petitioner Information
Profession: Consultant for veterans services
Field: Veterans’ Services and Wounded Warrior Care
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The petitioner holds an advanced degree.
Substantial Merit and National Importance: The petitioner’s work in veterans’ services and wounded warrior care has significant merit and national importance.
Criteria Not Met:
Initial Classification as Strategic Planning: The Director misclassified the petitioner’s field and did not fully consider his past achievements.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposes to work as a self-employed consultant for various non-profit and governmental groups, focusing on improving services for U.S. veterans and wounded warriors. His work involves coordinating efforts among organizations to enhance the reintegration of veterans into society.
Substantial Merit and National Importance:
The petitioner’s work is of national importance due to the critical need for effective programs that support veterans and wounded warriors. Letters from senior military and government officials, as well as research reports, highlight the substantial public interest and necessity for such services.
Key Quote: “The petitioner has been a driving force in supporting wounded warriors, significantly impacting veteran support programs and military families.”
Supporting Evidence:
The petitioner provided letters from prospective clients, a business plan for his consultancy, news articles, and research reports documenting his contributions and the importance of his work.
Key Quote: “[The petitioner] has enabled millions of dollars in charitable efforts to be productively connected with service organizations, saving and changing lives during recovery.”
Inconsistencies in Proposed Endeavor:
There were no noted inconsistencies in the proposed endeavor. The petitioner provided thorough documentation supporting his qualifications and the impact of his work.
Supporting Documentation
Letters of Intent:
Letters from military, government, and non-profit leaders supporting the petitioner’s expertise and past achievements.
Business Plan:
A detailed business plan outlining the services offered, fee structure, client base, and marketing strategy.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Financial statements demonstrating sufficient funds for the start-up costs of the consultancy.
Conclusion
Final Determination: The appeal was approved.
Reasoning:
The petitioner successfully demonstrated that his work in veterans’ services and wounded warrior care meets the substantial merit and national importance criteria. His qualifications, detailed business plan, and documented success in past projects position him well to advance his proposed endeavor. Given the critical nature of his work and the difficulty of obtaining a labor certification for a self-employed consultant, the national interest waiver was granted.
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