Date of Decision: APR. 18, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Sciences
Petitioner Information
Profession: Entrepreneur
Field: Exceptional Ability in the Sciences
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
8 C.F.R. § 204.5(k)(3)(ii)(A): The Petitioner met the criterion related to evidence from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation.
Criteria Not Met:
8 C.F.R. § 204.5(k)(3)(ii)(B): The Petitioner did not provide new evidence with the required information in employment verification letters.
8 C.F.R. § 204.5(k)(3)(ii)(C): The Petitioner did not initially claim to meet the licensing criterion and did not explain why it was not applicable or provide comparable evidence.
8 C.F.R. § 204.5(k)(3)(ii)(E): The Petitioner did not establish that membership in the Society of Professional Journalists is equivalent to the requirement of professional association membership.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to gain classification as an individual of exceptional ability in the sciences, specifically through an EB-2 National Interest Waiver.
Substantial Merit and National Importance:
The Director concluded that the record did not demonstrate that the Petitioner’s endeavor held substantial merit and national importance. The petitioner did not sufficiently prove that a waiver of the required job offer would be in the national interest.
Supporting Evidence:
The Petitioner provided letters of intent and summaries of prior experience but did not include the necessary documentation to fulfill the evidentiary criteria. The appeal did not introduce new, substantial evidence to address the deficiencies noted in the initial decision.
Inconsistencies in Proposed Endeavor
The Petitioner’s evidence did not consistently demonstrate how their work as an entrepreneur in the sciences would meet the national interest waiver requirements.
Supporting Documentation
Letters of Intent:
Not sufficiently detailed to meet the criterion of ten years of full-time experience.
Business Plan:
Not applicable or not provided in sufficient detail.
Advisory Letter:
Not applicable or not provided.
Any other supporting documentation:
No additional documentation was provided to sufficiently meet the criteria.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the initial evidentiary requirements under the specified regulations, and the Director concluded that the Petitioner did not establish eligibility for the national interest waiver as a matter of discretion.
