Date of Decision: APR. 12, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Occupational Health and Safety
Petitioner Information
Profession: Risk Management Advisor
Field: Occupational Health and Safety
Nationality: Colombian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The petitioner demonstrated qualification as a member of the professions holding an advanced degree.
Criterion 2: The petitioner provided evidence of a bachelor’s degree and over five years of progressive post-baccalaureate experience in occupational health and safety.
Criteria Not Met:
Criterion 1: The petitioner did not sufficiently demonstrate that the proposed endeavor has national importance.
Criterion 2: The petitioner did not establish that waiving the job offer requirement would benefit the United States.
Key Points from the Decision:
The petitioner’s proposed endeavor was to work as a risk management advisor in the occupational health and safety sector in the United States. The director determined that the petitioner qualifies for EB-2 classification but did not meet the requirements for a national interest waiver under the Dhanasar framework.
Proposed Endeavor
The petitioner intended to work as a risk management advisor, focusing on providing consulting services in occupational health and safety, primarily to educational institutions and small businesses in Florida. Her company aimed to offer services including hazard identification, security inspection, development of hazard intervention proposals, and training workshops.
Substantial Merit and National Importance:
The petitioner’s endeavor was found to have substantial merit in improving health and safety environments in schools and workplaces. However, it did not meet the national importance requirement as it lacked sufficient evidence to demonstrate a broad impact on the field or the U.S. economy.
Supporting Evidence:
The petitioner provided a business plan, market analyses, and financial forecasts. Supporting documents included articles on school safety, risk management, and occupational health and safety resources.
Inconsistencies in Proposed Endeavor
The business plan and supporting evidence did not sufficiently demonstrate that the endeavor would extend beyond the petitioner’s company and clientele to impact the occupational health and safety field at a national level.
Supporting Documentation:
Letters of Intent:
Three letters from businesses interested in the petitioner’s services and one contract for a training session were provided, but these did not establish national impact.
Business Plan:
The business plan included strategies, financial projections, and a summary of expected national impact but failed to show substantial economic benefits or significant contributions to the occupational health and safety sector.
Advisory Letter:
N/A
Any other supporting documentation:
The petitioner referenced a White House Executive Order on worker health and safety, but it did not specifically endorse her proposed endeavor.
Conclusion
Final Determination:
The appeal was dismissed as the petitioner did not meet the first prong of the Dhanasar framework, failing to establish the national importance of her proposed endeavor.
Reasoning:
The petitioner’s proposed work, while valuable, did not demonstrate a broad impact beyond her immediate business and clients. The appeal was dismissed as the endeavor did not meet the national importance requirement.
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