EB-2 NIW USCIS Appeal Review – Wrestler – Wrestling MAY142021_03B5203

Date of Decision: May 14, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Wrestling

Petitioner Information

Profession: Wrestler
Field: Wrestling
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Remanded

Evidentiary Criteria Analysis

Criteria Met:

  • Exceptional Ability: The Director found that the petitioner qualifies as an individual of exceptional ability in wrestling.

Criteria Not Met:

  • Substantial Merit and National Importance: The Director concluded that the petitioner did not meet any of the three prongs set forth in the Dhanasar analytical framework.
  • Well Positioned to Advance: The petitioner did not provide sufficient evidence to demonstrate that he is well positioned to advance his proposed endeavor.

Key Points from the Decision

Proposed Endeavor:
The petitioner proposed to continue working in his area of expertise in wrestling. However, the specific details of the proposed endeavor were not sufficiently outlined.

Substantial Merit and National Importance:
The Director found that the petitioner’s proposed endeavor did not demonstrate substantial merit and national importance. The evidence provided did not adequately show the potential prospective impact of the petitioner’s work in wrestling on a national level.

Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation, including certificates and letters of support, but these were insufficient to demonstrate that he is well positioned to advance his proposed endeavor. The Director raised concerns about inconsistencies in the petitioner’s documentation, including certificates for age categories that did not align with the petitioner’s year of birth and conflicting information about his membership on the National Wrestling Team.

On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.

Supporting Evidence:
The petitioner submitted certificates, letters of support, and information about his achievements in wrestling. However, these were not sufficient to establish his qualifications and the national importance of his proposed endeavor.

Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The motion to reconsider did not provide sufficient new arguments to establish errors in the prior decision. There were also unresolved material inconsistencies in the petitioner’s documentation that raised concerns about the reliability and sufficiency of the evidence submitted.

Supporting Documentation

Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance
Other Supporting Documentation: Included certificates and letters of support, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.

Conclusion

Final Determination: The appeal was remanded.
Reasoning: The Director’s decision did not provide adequate analysis under the three-prong Dhanasar framework, particularly regarding the national importance of the petitioner’s proposed endeavor. The matter was remanded for further review and issuance of a new decision.

Download the Full Petition Review Here


Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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