Date of Decision: September 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Veterinary Medicine
Petitioner Information
Profession: Veterinary Assistant
Field: Veterinary Medicine
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor of opening a veterinary clinic had substantial merit. However, the national importance of this endeavor was not fully established.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Despite her education and experience as a veterinary assistant, the petitioner lacked a proven record of entrepreneurial success, comprehensive planning, and necessary financial backing.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to demonstrate that waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently establish the national interest in her contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to open a veterinary clinic in Texas. Her goal was to provide veterinary services to the local community, contributing to the field of veterinary medicine.
Substantial Merit and National Importance:
While the petitioner’s endeavor was recognized for its substantial merit in providing veterinary services, the national importance of the endeavor was not adequately established. The potential impact was seen as limited to her local customer base without broader implications for the field of veterinary medicine.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her clinic would contribute to the local economy and provide necessary services. However, she did not provide sufficient evidence to justify waiving the labor certification process, particularly in light of her lack of entrepreneurial experience and financial planning.
Supporting Evidence:
The petitioner submitted her academic credentials, a business plan, and letters of support. However, these documents did not adequately demonstrate her ability to significantly impact her field or the national economy. The business plan, in particular, lacked concrete financial details and evidence of progress towards opening the clinic.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her ability to advance the proposed endeavor were not fully supported by the evidence. There were inconsistencies in the business plan regarding the location and financial planning for the clinic.
Supporting Documentation
Letters of Intent:
Provided, but dated after the petition filing date, thus not considered in determining eligibility.
Business Plan:
Provided, but lacking in detailed financial planning and support for revenue projections.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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