Date of Decision: August 23, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Weightlifting
Petitioner Information
Profession: Weightlifter
Field: Weightlifting and Exercise Science
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The petitioner was found to qualify as an individual of exceptional ability in weightlifting and exercise science.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence that his proposed endeavor had substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a weightlifter, proposed to continue working in his field of expertise, aiming to improve athletics, particularly weightlifting. He intended to use his expertise to train, mentor, and support U.S. athletes to achieve great results in the sport of weightlifting, thereby enhancing the U.S. weightlifting team’s competitiveness on an international level.
Substantial Merit and National Importance:
While the petitioner’s endeavor in weightlifting holds merit, the Director concluded that he did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. athletic landscape or contribute substantially to national interests in sports and fitness.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would improve the competitiveness of U.S. athletes in weightlifting and enhance the country’s prestige in international competitions. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable national benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted a personal statement, a business plan for a weightlifting and exercise program targeting older adults, and various supporting documents including an operating agreement, business certification, federal employer identification number, bank statement, website registration, training plan, and business cards. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact or that he is well positioned to advance the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner initially claimed a broad intent to work in weightlifting but later provided a specific business plan for a program targeting older adults. This inconsistency weakened his case as it did not align with the initial filing and did not establish the national importance of his proposed endeavor.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but did not align with the initial filing claims.
Advisory Letter:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Any Other Supporting Documentation:
Included operating agreement, business certification, federal employer identification number, bank statement, website registration, training plan, and business cards. These did not adequately demonstrate the national importance of his work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond his direct activities in weightlifting.
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