Date of Decision: March 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Tourism
Petitioner Information
Profession: Tourism Industry Professional
Field: Sustainable Tourism
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s proposed endeavor to promote sustainable tourism was acknowledged to have substantial merit as it aligns with national initiatives promoting green tourism.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner was considered well-positioned due to her detailed plan and supportive evidence on sustainable tourism’s positive impacts.
Criteria Not Met:
- National Importance: The appeal failed as the petitioner could not demonstrate that the endeavor had national importance. Despite its merits, the broader economic and societal impacts were deemed insufficient.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aims to establish a sustainable tourism company focusing on community engagement and environmental protection.
Substantial Merit and National Importance:
- The endeavor was recognized for its alignment with green tourism and potential benefits to local communities. However, its impact was not considered nationally significant, leading to the denial of the national interest waiver.
Supporting Evidence
- The petitioner provided articles, business plans, and statements aligning with the Biden-Harris Administration’s focus on climate change, aiming to prove the endeavor’s alignment with national priorities.
Inconsistencies in Proposed Endeavor
- The petitioner’s business plan projected substantial growth and economic benefits, including job creation in a HUBZone. However, these projections were not sufficiently supported by evidence to demonstrate national importance.
Supporting Documentation
Business Plan:
- Detailed strategies for growth, marketing, and operations over five years, aiming to promote sustainable tourism and generate significant revenue.
Advisory Letter:
- A letter from a restaurant owner expressing interest in sustainable practices, supporting the petitioner’s qualifications but not sufficiently proving the national importance of the endeavor.
Conclusion
The appeal was denied. The petitioner failed to establish that her sustainable tourism initiative had national importance, despite its substantial merit and her qualifications.
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