Business Plan and its evidentiary weight

The document from the Administrative Appeals Office (AAO) dated July 25, 2024, regards an appeal of a National Interest Waiver (NIW) petition. Here’s a summary of the key points:

Petitioner’s Claim

The petitioner sought an EB-2 classification with a National Interest Waiver (NIW), intending to own and operate a multimodal transportation company initially based in New York and later moved to Pennsylvania.

Director’s Decision

The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not meet the eligibility criteria for the NIW, particularly under the framework established by Matter of Dhanasar.

Material Change

The petitioner’s decision to change the business location from New York to Pennsylvania was seen as a material change to the petition. The Director determined this change was made to conform to the requirements, which is not allowed under USCIS rules.

Arguments on Appeal

• The petitioner argued that the Director misunderstood and misapplied the relevant legal standards, specifically the application of Matter of Katigbak.
• The petitioner claimed that the business plan is dynamic and subject to change based on various factors, and the change in location was in response to feedback on economically depressed areas.

AAO’s Decision

• The AAO upheld the Director’s decision, agreeing that the material change in the business location was significant and affected the eligibility under the Dhanasar framework.
• The AAO also found that the petitioner did not provide sufficient evidence to establish that the proposed business had substantial merit and national importance, that he was well-positioned to advance the endeavor, or that waiving the job offer requirement would benefit the United States.

Conclusion

The AAO dismissed the appeal, affirming that the petitioner did not meet the necessary requirements for the National Interest Waiver under the Dhanasar framework. This document outlines the detailed legal reasoning behind the denial of the petition, focusing on the issues of material change, the relevance of the business plan, and the application of the Dhanasar criteria.