Date of Decision: September 18, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
- Profession: Entrepreneur in Business Management
- Field: Business Management
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Remanded
Evidentiary Criteria Analysis
The petitioner, an entrepreneur in the field of business management, sought classification under the EB-2 category as a member of the professions holding an advanced degree and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that waiving the job offer requirement would be in the national interest. The Administrative Appeals Office (AAO) reviewed the appeal and remanded the case for a new decision.
Key Points from the Decision
- Proposed Endeavor: The petitioner proposed to own and operate a company focused on selling specialized footwear to individuals with disabilities as well as the general consumer population. The petitioner’s endeavor aims to provide “inclusive fashion” by offering customized quality footwear tailored to the needs of the American disabled population. The AAO found that the petitioner adequately described her endeavor, contrary to the Director’s conclusion that the description was vague and deficient.
- Substantial Merit and National Importance: The Director’s decision did not provide a complete analysis or adequately explain the deficiencies in the evidence. The AAO noted that the Director incorrectly determined that the petitioner provided a vague description of her endeavor, which impacted the overall analysis of her eligibility for a national interest waiver. Although the AAO withdrew the Director’s decision, it found that the evidence of record did not demonstrate that the petitioner met the requirements of the Dhanasar framework, specifically whether the endeavor has substantial merit and national importance.
- Well-Positioned to Advance the Endeavor: The AAO found that the Director did not properly apply the Dhanasar framework to the facts in the record. The AAO instructed the Director to reassess the petitioner’s qualifications and whether she is well-positioned to advance her proposed endeavor in the remanded decision.
- Balancing Factors: The Director must also reconsider whether waiving the job offer requirement would benefit the United States, taking into account the specifics of the petitioner’s endeavor and the potential impact on the U.S. economy and public welfare.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the case was remanded for a new decision. The Director must provide a detailed analysis of the petitioner’s eligibility for the national interest waiver, specifically addressing the substantial merit and national importance of the proposed endeavor.
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