Date of Decision: September 26, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Culinary Arts
Petitioner Information
Profession: Culinary Arts Entrepreneur
Field: Culinary Arts, Specialty Baking, Entrepreneurship
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that her proposed endeavor in the culinary arts, specifically in the field of specialty baking, had substantial merit. Her business plan and experience as an entrepreneur in the culinary sector were recognized as valuable contributions to the field.
Criteria Not Met:
- National Importance: The petitioner failed to establish that her proposed endeavor had national importance. The potential impact of her bakery, while significant on a local level, was not shown to extend broadly enough to meet the national importance criterion. The evidence provided, including revenue and employment projections, did not demonstrate a substantial impact on the national economy or culinary industry.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Although her experience and business plan were presented, they did not convincingly demonstrate her capacity to significantly influence or advance the field of culinary arts on a national scale.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to expand her high-end bakery business specializing in custom cakes and sweets in Florida. She aimed to contribute to the culinary arts field by catering to a growing market segment both within the U.S. and internationally.
Substantial Merit and National Importance:
While the petitioner’s endeavor was acknowledged for its substantial merit, particularly in the specialty baking sector, it did not meet the threshold of national importance. The expected economic impact and job creation were considered insufficient to justify national significance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her business would contribute significantly to the U.S. economy through job creation and tax revenue. However, the evidence presented was not sufficient to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted a business plan, letters of recommendation, an expert opinion letter, and industry reports. However, these documents did not adequately demonstrate her business’s ability to impact the culinary arts industry on a national scale. The projections provided were not substantiated by detailed supporting evidence, leading to doubts about their reliability.
Inconsistencies in Proposed Endeavor:
The petitioner’s business projections and claims of national impact were not fully supported by the evidence provided. The lack of concrete details regarding how her business would achieve national significance weakened her case.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but did not sufficiently demonstrate a substantial national impact.
Advisory Letter:
Included but lacked detailed support for the national importance of the petitioner’s endeavor.
Any Other Supporting Documentation:
Included letters from colleagues and an expert opinion letter, which praised the petitioner’s work but did not adequately demonstrate national impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor had national importance or that she was well-positioned to advance it. The evidence provided was insufficient to support her claims of significant impact on the culinary arts industry at the national level.
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