Date of Decision: November 15, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Fitness Consulting and Entrepreneurship
Petitioner Information
Profession: Fitness Consultant and Entrepreneur
Field: Fitness Consulting and Entrepreneurship
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner demonstrated that his proposed endeavor has substantial merit. The Petitioner’s plans to advance the fitness and wellness industry by providing structured and strategic athletic training programs for various body types and physical abilities were acknowledged as valuable in promoting public health and well-being.
Criteria Not Met:
- National Importance: The Petitioner did not establish that his proposed endeavor has national importance. The evidence provided did not sufficiently demonstrate that the Petitioner’s work would have a significant impact beyond his immediate business operations and clients to benefit the U.S. economy or the fitness and wellness industry on a national scale.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to advance his career as a fitness consultant, trainer, and entrepreneur in the United States by offering his expertise and training methods to private and public American sports organizations and educational institutions. His focus was on training athletes, developing their skills, discovering new talent, and expanding two fitness franchise businesses in the U.S. to contribute to the health and well-being of the American people.
Substantial Merit and National Importance:
While the Petitioner’s endeavor in fitness consulting and entrepreneurship was recognized as having substantial merit, the appeal was dismissed because the evidence did not demonstrate the national importance of the endeavor. The Director noted that while the Petitioner’s work contributes to public health and wellness, the potential for a limited contribution to a national cause does not, by itself, qualify as having national importance. The Petitioner’s business plan and financial projections, which included the expansion of a youth soccer academy and fitness franchises, were considered speculative and lacked sufficient evidence of broader economic impact.
The Director further concluded that the Petitioner’s proposed activities, such as providing consultancy services for fitness franchises and running a youth soccer academy, were unlikely to have significant implications beyond their immediate context. The projections for job creation and revenue generation were not supported by detailed and credible evidence, and the Petitioner did not convincingly demonstrate how these activities would contribute to the U.S. economy or the fitness industry on a national scale.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not fully analyzed due to the failure to meet the first prong regarding national importance.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that his proposed endeavor as a fitness consultant and entrepreneur would have national importance or broader implications in the field of fitness consulting and wellness. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
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