Date of Decision: APR 17, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneur
Petitioner Information
Profession: Entrepreneur
Field: Accessory and Clothing Brand
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree or Equivalent:
The Petitioner submitted evidence of a baccalaureate degree from the State Institute of Uzbekistan and work experience. However, it was determined that the evidence did not sufficiently establish that the degree is equivalent to a U.S. baccalaureate degree. Additionally, the Petitioner did not meet the requirement of at least five years of progressive post-baccalaureate experience in the specialty.
National Importance and Merit:
The Petitioner’s endeavor to operate an e-commerce business selling apparel and accessories created by her company and other women entrepreneurs aims to assist small business owners and contribute to the U.S. economy. However, the endeavor does not have significant potential to employ U.S. workers or offer substantial positive economic effects as required by Dhanasar’s first prong.
Criteria Not Met:
Equivalence of Foreign Degree:
The evidence did not sufficiently establish that the Petitioner’s degree is the foreign equivalent of a U.S. baccalaureate degree, causing doubt about the credibility of the documents submitted.
Progressive Experience:
The Petitioner’s work history did not qualify as progressive experience in the specialty for which classification was sought. The letters provided were insufficient to establish five years of progressive experience in marketing or a related specialty.
Key Points from the Decision
Lack of National Importance:
The proposed endeavor’s impact is limited to a small business operation and does not demonstrate significant potential to employ U.S. workers or provide substantial positive economic effects.
Proposed Endeavor
The Petitioner aims to operate an e-commerce business selling sustainably manufactured apparel and accessories. The business plan includes creating eleven jobs over five years but lacks detail on how the endeavor extends beyond the operation of a small business to have national importance.
Substantial Merit and National Importance:
The endeavor’s potential impact is limited and does not meet the national importance requirement. The business’s scope is restricted to local impact without broader implications.
Supporting Evidence:
The business plan and letters of support provided were insufficient to establish the endeavor’s national importance or significant economic impact.
Inconsistencies in Business Plan:
The business plan submitted did not align with the initial claims of assisting other entrepreneurs and lacked detail on how the business would achieve national importance.
Supporting Documentation
Letters of Intent:
Summary and key points were not provided in the documentation.
Business Plan:
The plan focuses on the creation of jobs and sustainable fashion but lacks details on national impact.
Advisory Letter:
The letter provided did not evaluate the Petitioner’s education or experience adequately and focused on general support without specific evaluation.
Any other supporting documentation:
Documents provided did not support the claim of national importance.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not establish eligibility for the EB-2 classification nor meet the first prong of the Dhanasar framework for national interest waivers. Therefore, the appeal was dismissed.
