Date of Decision: JAN. 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Veterinary Sciences
Petitioner Information
Profession: Veterinarian
Field: Veterinary Care for K9 Detection Dogs
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The endeavor to provide specialized veterinary care for K9 detection dogs was recognized for its merit due to the demand for veterinary services in the U.S. and the role of small businesses in the economy.
- Well-Positioned to Advance: The Petitioner demonstrated her capability and preparedness to advance this endeavor, highlighting her specialized knowledge and planned business operations in Florida.
Criteria Not Met:
- National Importance: The appeal failed to demonstrate that the endeavor holds national importance. The impact was seen as limited to the petitioner’s direct clients rather than the broader field of veterinary medicine or national economy.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to open a company offering high-level care specifically for K9 detection dogs used by law enforcement and other agencies, based in Florida.
Substantial Merit and National Importance:
While the endeavor was acknowledged for its substantial merit, it was not seen as having national importance due to its limited impact on the broader field of STEM and economic effects.
Supporting Evidence:
Evidence included the petitioner’s business plan and professional qualifications but was found lacking in demonstrating broader economic or industry impacts.
Inconsistencies in Proposed Endeavor:
The AAO noted that while the endeavor has merit, the evidence did not sufficiently show how the business could significantly impact the veterinary field nationally.
Supporting Documentation
Business Plan:
The plan projected growth and job creation but lacked detailed substantiation for these claims, particularly in how these impacts would be achieved on a national level.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet the national importance criterion necessary for a national interest waiver.
Reasoning: The focus was on the specific impacts of the petitioner’s proposed business, which were not deemed sufficient to influence the broader veterinary field or contribute significantly to the national economy.
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