Date of Decision: December 8, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Transportation and Logistics
Petitioner Information
Profession: Truck Driver and Business Owner
Field: Transportation and Logistics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner provided evidence of holding the equivalent of a U.S. bachelor’s degree.
Criteria Not Met:
- Five Years of Progressive Experience: The Petitioner did not provide sufficient evidence of five years of progressive post-baccalaureate experience in the specialty as required for the advanced degree classification. Additionally, the Petitioner’s occupation of truck driver/owner does not meet the regulatory definition of a profession requiring an advanced degree.
- Salary or Remuneration: The evidence comparing the gross income of the Petitioner’s business to the median salary for truck drivers was not considered an appropriate comparison, leading to the withdrawal of the Director’s previous finding that the criterion was met.
- Recognition for Achievements: The Petitioner did not provide sufficient evidence of recognition for achievements and significant contributions to the industry beyond his immediate employers, as required for the exceptional ability classification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue working as a truck driver and business owner in the U.S., contributing to the logistics and transportation industry.
Substantial Merit and National Importance:
The Petitioner’s appeal was dismissed because the evidence provided did not demonstrate that his work as a truck driver and business owner would have broader implications for the U.S. transportation industry or economy. While the Petitioner’s work is valuable, the evidence did not support a conclusion that it meets the national importance required by the first prong of the Dhanasar framework.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed in detail due to the failure to meet the initial evidentiary requirements for the underlying EB-2 classification.
Supporting Evidence:
The Petitioner submitted business income records, letters of recommendation, and other supporting documents. However, these were insufficient to establish the required level of exceptional ability or national importance in the field of transportation and logistics.
Inconsistencies in Proposed Endeavor:
The Petitioner’s claims of exceptional ability and national importance were not substantiated by independent evidence, and the recommendation letters did not provide specific details to support claims of significant contributions to the industry.
Supporting Documentation
Business Records:
The Petitioner provided income records and documentation of his business activities, but these did not demonstrate how his work would have a broader impact on the U.S. economy or the logistics industry.
Letters of Recommendation:
Letters from colleagues emphasized the Petitioner’s work ethic and contributions to his employers but did not provide sufficient evidence to support claims of exceptional ability or national importance.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that he qualified for the EB-2 classification as an individual of exceptional ability or that his proposed endeavor as a truck driver and business owner would have national importance. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
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