Date of Decision: February 27, 2024
Service Center: Nebraska 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: Nigerian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification for EB-2 Visa Classification: The petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance of the Proposed Endeavor: The petitioner did not establish that her proposed endeavor, a multidisciplinary approach to addressing vulnerable youth’s needs, holds national importance.
- Ability to Advance the Proposed Endeavor: Insufficient evidence that the petitioner is well-positioned to advance the proposed endeavor.
- Benefit to the United States: The evidence did not sufficiently demonstrate that waiving the job offer requirement would benefit the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to form a multidisciplinary team to provide comprehensive support to vulnerable youths in the U.S. This team would include psychologists, social workers, and other professionals to offer educational, medical, legal, and psychological support.
Substantial Merit and National Importance:
While the petitioner’s endeavor was recognized for its substantial merit in addressing youth homelessness and related issues, the USCIS determined it lacked national importance due to insufficient evidence of its potential broad impact.
Supporting Evidence:
The petitioner provided personal statements and reference letters but failed to submit sufficient independent evidence to support the national importance and effectiveness of her endeavor.
Inconsistencies in Proposed Endeavor:
The USCIS noted some inconsistencies and lack of detailed operational plans in the petitioner’s proposed activities.
Supporting Documentation
Letters of Intent:
Letters from various organizations expressed interest in the petitioner’s expertise, but they did not adequately support the claim of a broad impact on national issues.
Business Plan:
No detailed business plan was provided to substantiate the operational and impact aspects of the proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed as the petitioner failed to establish the national importance of her proposed endeavor and did not convincingly argue that her activities would benefit the U.S. significantly.
Reasoning: The decision emphasized the lack of detailed and specific evidence to demonstrate the proposed endeavor’s broad impact on a national level.
