Date of Decision: November 13, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal and Business Consulting
Petitioner Information
Profession: Legal and Business Consultant
Field: Legal and Business Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner was determined to qualify for the EB-2 classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The Petitioner did not establish that her proposed endeavor has national importance. The evidence provided did not sufficiently demonstrate that the Petitioner’s work would have a significant impact beyond her immediate business operations and clients to benefit the U.S. economy or the fields of legal and business consulting on a national scale.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to create and operate her own business, involving numerous activities, including:
- Establishing contacts with U.S. and Kazakhstani companies.
- Offering legal services for U.S. companies to conduct business in Kazakhstan and for Kazakhstani businesses to operate in the United States.
- Attracting foreign direct investment to the United States from Kazakhstan and vice versa.
- Attracting Kazakhstani buyers of abandoned U.S. real estate.
- Providing consulting services to U.S. lawyers and businesses on Kazakhstani law.
Substantial Merit and National Importance:
The appeal was dismissed because the Petitioner did not sufficiently identify her specific proposed endeavor and how it would have a broader impact on the U.S. economy or relevant industries. The Director noted that the Petitioner’s proposed activities were overly expansive and lacked specificity, making it difficult to assess their potential impact. The Petitioner’s arguments about strengthening ties between the U.S. and Kazakhstan, expanding economic opportunities, and attracting investment were not supported by sufficient evidence demonstrating how these efforts would rise to the level of national importance.
The Director concluded that while the proposed endeavor has merit, the evidence did not establish its national importance as required by the Dhanasar framework. The Petitioner’s work appeared to be focused on individual clients and business operations rather than broader industry-wide or national impacts.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed in detail due to the failure to meet the first prong of the Dhanasar framework regarding national importance.
Supporting Evidence:
The Petitioner submitted letters of recommendation, a business plan, and other supporting documents. However, these were insufficient to establish the required level of national importance or demonstrate how the specific endeavor would create substantial positive economic effects.
Inconsistencies in Proposed Endeavor:
The Director found that the Petitioner’s proposed activities were too varied and lacked a coherent explanation of how they would realistically fit together. The evidence provided did not sufficiently connect the proposed business activities to broader industry-wide or national impacts.
Supporting Documentation
Business Plan and Letters of Recommendation:
The business plan and letters supported the Petitioner’s qualifications but did not convincingly demonstrate that the endeavor would have a significant national impact.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that her proposed endeavor as a legal and business consultant would have national importance or broader implications in the field of legal and business consulting. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
Download the Full Petition Review Here
