Date of Decision: February 23, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Soccer Coaching
Petitioner Information
Profession: Soccer Coach
Field: Sports Coaching and Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as an Advanced Degree Professional: The petitioner is recognized as a professional in the field of soccer coaching, having met the educational and professional standards required for the EB-2 visa classification.
Criteria Not Met:
- National Importance of Proposed Endeavor: The petitioner failed to demonstrate that his proposed endeavor, specifically his work as a soccer coach and his operational plans for a sports consulting business, meets the national interest standards required for a waiver. The evidence did not sufficiently prove that the endeavor would have substantial positive economic effects or significantly impact U.S. public health or cultural interests at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to continue developing his soccer coaching business, focusing on youth training, organizing soccer camps, and promoting physical health through sports.
Substantial Merit and National Importance:
While the petitioner’s efforts in promoting soccer and physical fitness are acknowledged as having merit, the USCIS found that the specific activities proposed do not align sufficiently with national priorities or have significant impact at a national level.
Supporting Evidence:
The petitioner provided a detailed business plan and expert letters, but the USCIS deemed these insufficient to establish the national importance of the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The projections and impacts stated in the business plan were not adequately supported with empirical evidence, weakening the petitioner’s case for a national interest waiver.
Supporting Documentation
Business Plan:
Detailed yet lacking sufficient evidence for projected growth and employment benefits that align with national interest requirements.
Conclusion
Final Determination:
The USCIS concluded that the petitioner did not fulfill the requirements for a national interest waiver, primarily due to the lack of demonstrated national importance and significant prospective impact of his proposed endeavor. The appeal was dismissed on these grounds.
