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: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner has a bachelor’s degree in occupational health and safety and over 21 years of experience in the field, including professional training and substantial work experience.
Criteria Not Met:
Criterion 1: The Petitioner did not sufficiently demonstrate the national importance of her proposed endeavor under the first prong of the Dhanasar analytical framework.
Criterion 2: The evidence provided did not show that the Petitioner’s proposed endeavor would have a broader impact on the occupational health and safety field or the U.S. economy at a national level.
Key Points from the Decision
The Petitioner qualified as a member of the professions holding an advanced degree but did not establish that a waiver of the required job offer would be in the national interest.
The proposed endeavor to work as a risk management advisor in the occupational health and safety sector did not demonstrate national importance.
Proposed Endeavor
The Petitioner intends to work as a risk management advisor in the occupational health and safety sector in the United States. She co-founded a Florida limited liability company to provide consulting services primarily to educational institutions and small businesses, focusing on Hispanic-owned businesses. The company aims to offer advisory services in identifying and mitigating safety and health hazards in school and work environments.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit as it aims to improve health and safety environments in schools and workplaces. However, the Petitioner did not demonstrate that the impact of her work would rise to the level of national importance. The evidence did not show that her endeavor would broadly enhance societal welfare or significantly impact the occupational health and safety field or the U.S. economy.
Supporting Evidence:
The Petitioner provided a business plan, company description, and evidence of her qualifications and experience. Additional supporting documentation included articles about school-based crime and bullying, occupational health and safety resources, and the importance of risk management in schools.
Inconsistencies in Proposed Endeavor:
The Petitioner did not provide sufficient evidence to demonstrate that her specific proposed endeavor would have a significant impact beyond her company and clientele.
Supporting Documentation
Letters of Intent:
The Petitioner submitted letters from three businesses expressing interest in her services and one contract for a training session.
Business Plan:
The business plan included market analyses, business and marketing strategies, financial forecasts, and projections. It projected first-year revenues of over $205,000, increasing to approximately $500,000 in year five, and the creation of four additional jobs.
Advisory Letter:
N/A
Any other supporting documentation:
N/A
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not meet the first prong of the Dhanasar analytical framework, failing to demonstrate the national importance of her proposed endeavor. The specific proposed work did not show sufficient potential prospective impact on a national scale.
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