Date of Decision: March 1, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business
Petitioner Information
Profession: Sales Manager
Field: Business Administration
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Professional Qualification: The Petitioner established her qualification as a member of the professions holding an advanced degree based on her foreign equivalent degree of a U.S. bachelor’s degree followed by five years of progressive experience in the specialty.
Criteria Not Met:
National Importance: The Petitioner did not demonstrate that her proposed endeavor would have a national impact within the field of business.
Substantial Positive Economic Effects: The evidence did not sufficiently demonstrate that the Petitioner’s business would have substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a sales manager in the field of business, aims to open a sales consultancy business and later proposed to start a trading company, providing services related to business trading, sales, and marketing to small and medium-sized companies in the United States.
Substantial Merit and National Importance:
The Petitioner’s proposed endeavor has substantial merit but did not demonstrate sufficient national importance. The business plan and supporting evidence did not indicate how the endeavor would have broader implications in the fields of sales and international law.
Supporting Evidence:
The Petitioner provided letters of support from former colleagues, an expert opinion letter, a business plan, and various articles. However, the evidence did not sufficiently demonstrate the potential implications of the services provided by the company or the broader impact on the industry.
Inconsistencies in Proposed Endeavor:
The Petitioner initially proposed to work as a sales consultant and later shifted to starting a trading company. The business plan lacked specific details about prospective customers, projects, and the industry the company would serve. The projections for revenue and employment were not adequately substantiated.
Supporting Documentation
Letters of Intent:
The Petitioner included letters of support from former colleagues, highlighting her significant impact on previous projects.
Business Plan:
The business plan included projections for revenue and employment but did not provide sufficient detail to support these projections or demonstrate the broader impact on the industry.
Advisory Letter:
An expert opinion letter from a professor supported the significance of the Petitioner’s knowledge and skills but did not directly relate to the specific endeavor proposed.
Any other supporting documentation:
The Petitioner provided articles and studies about general industry trends but did not demonstrate how her specific endeavor would have a national impact.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner not meeting the national importance criteria under the Dhanasar framework.
Reasoning: The Petitioner did not demonstrate that her proposed endeavor would have broader implications or a national impact in the fields of sales and international law. The evidence provided did not support the claimed economic benefits or substantial positive effects on the U.S. economy.
