Date of Decision: March 19, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Consultancy
Petitioner Information
Profession: Attorney
Field: Legal Consulting, specializing in helping multinational U.S. companies in Brazil
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification for EB-2 Visa Classification: The petitioner demonstrated qualification for the EB-2 classification based on her advanced degree and experience.
- Proposed Endeavor’s Merit: The endeavor was found to have substantial merit in the area of business consultancy.
Criteria Not Met:
- National Importance: The petitioner failed to establish that her endeavor would have national importance due to lack of evidence on significant potential to employ U.S. workers or broad impact on the legal consulting field.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a legal consultant in the U.S., assisting companies in navigating the business environment between the U.S. and Brazil, specifically focusing on compliance and trade regulations.
Substantial Merit and National Importance:
The appeal highlighted the petitioner’s detailed endeavor description and its substantial merit. However, it failed to demonstrate national importance as it did not show significant potential for broader economic impact or employment of U.S. workers.
Supporting Evidence:
The petitioner submitted a business plan and several letters of intent from potential clients as part of her appeal, highlighting her readiness and the market’s demand for her consultancy services.
Inconsistencies in Proposed Endeavor:
The appeal noted inconsistencies in the petitioner’s business plan, particularly in the financial projections and job creation plans, which were not sufficiently substantiated.
Supporting Documentation
Business Plan:
Outlined a strategy for assisting U.S. and Brazilian companies but lacked detailed justifications for financial projections and employment plans.
Letters of Intent:
Included expressions of interest from potential clients but did not adequately support the national importance of the endeavor.
Conclusion
The appeal was denied. The petitioner did not convincingly demonstrate that her proposed endeavor met the national importance criterion necessary for a national interest waiver.
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