Date of Decision: FEB. 12, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Trucking Business Management
Petitioner Information
Profession: Trucking Company Entrepreneur
Field: Business Management and Trucking Operations
Nationality: Kyrgyz
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Academic Record: The Petitioner’s degree in law from Kyrgyzstan was accepted as evidence of exceptional ability, relevant to managing a highly regulated trucking business.
- Professional Certification: The Petitioner’s Washington state commercial driver’s license (CDL) was recognized as valid for his role as an owner-operator of his trucking company.
Criteria Not Met:
- Full-time Experience: The Petitioner failed to establish ten years of full-time experience in the occupation.
- Commanding a Salary Demonstrating Exceptional Ability: There was insufficient evidence to demonstrate that the Petitioner’s earnings reflected exceptional ability in the trucking industry.
- Professional Association Membership: Membership evidence was dated post-petition filing, thus not established at the required time.
- Recognition for Achievements: Recommendations received did not sufficiently demonstrate significant contributions to the trucking industry.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to manage a trucking company facilitating transportation in various sectors including construction and retail, focusing on both full-load and less-than-full-load freight operations.
Substantial Merit and National Importance:
The appeal was dismissed without addressing the national interest waiver, as the Petitioner failed to qualify for the underlying EB-2 classification.
Supporting Evidence:
The Petitioner provided his law degree, CDL, and various letters including employment verifications and tax returns, though these were deemed insufficient in demonstrating exceptional ability.
Inconsistencies in Proposed Endeavor:
There were discrepancies between the Petitioner’s claims of exceptional ability and the evidence provided, particularly in terms of professional experience and contributions to the field.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Aimed at establishing a prominent trucking service but was not enough to establish qualification for the EB-2 classification.
Advisory Letter: Not applicable
Any other supporting documentation: Employment verification and tax records did not sufficiently support claims of exceptional ability.
Conclusion
Final Determination: The Petitioner’s appeal is dismissed due to failure to meet the minimum criteria for classification as an individual of exceptional ability and thereby eligibility for a national interest waiver.
Reasoning: The appeal was dismissed based on the Petitioner’s failure to demonstrate that he met the required criteria for exceptional ability under the regulatory standards.
