Date of Decision: February 29, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Psychology
Petitioner Information
Profession: Psychologist
Field: Psychology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The evidence provided did not sufficiently demonstrate any criteria being met.
Criteria Not Met:
- Substantial Merit and National Importance: The evidence provided did not establish that the proposed endeavor has both substantial merit and national importance.
- Well Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently demonstrate being well positioned to advance the proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a psychologist, proposed an endeavor to advance psychological practices and services. However, the specifics of how this endeavor would operate on a national scale were not detailed sufficiently to meet the required criteria.
Substantial Merit and National Importance:
The Director reviewed the petitioner’s evidence, which included government documents and proclamations, but found that these did not specifically address the national importance of the petitioner’s proposed endeavor. The focus was incorrectly placed on the importance of the field of psychology rather than on the specific activities and their national impact.
Supporting Evidence:
The petitioner provided letters of recommendation and work experience documentation, but these did not analyze the proposed endeavor or offer detailed evidence of its national impact.
Inconsistencies in Proposed Endeavor:
There were no explicit inconsistencies noted in the proposed endeavor, but the lack of detailed information on how the endeavor would achieve national importance was a critical shortfall.
Supporting Documentation
Letters of Intent:
The letters provided did not sufficiently detail how the proposed endeavor would operate or its national implications.
Business Plan:
Not provided.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The provided documentation did not adequately connect the proposed endeavor to a broader national impact.
Conclusion
The appeal was dismissed. The petitioner did not establish that their proposed endeavor has substantial merit and national importance, nor did they demonstrate being well positioned to advance the endeavor.
Download the Full Petition Review Here
