Date of Decision: April 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Food Service Management
Petitioner Information
Profession: Bakery Entrepreneur
Field: Food Service Management
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The Petitioner provided substantial evidence of exceptional ability in the food service management industry, including extensive experience and recognition.
- Well-Positioned to Advance Proposed Endeavor: The Petitioner presented a robust business plan and supporting documents that highlighted her potential to advance the proposed endeavor.
Criteria Not Met:
- National Importance: The proposed endeavor to establish a bakery focused on Brazilian culinary traditions was not demonstrated to have broader national implications.
- Labor Certification Waiver Justification: The evidence did not sufficiently justify waiving the job offer requirement for the national interest waiver.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to establish a bakery in Florida to introduce Brazilian culinary traditions, particularly sweets, to the American market.
Substantial Merit and National Importance:
The Petitioner failed to establish that the proposed bakery would have significant national or global implications. The endeavor did not demonstrate broader implications such as improved manufacturing processes or substantial economic effects, especially in economically depressed areas.
Supporting Evidence:
The Petitioner provided evidence including business plans, social media accounts, tax returns, and recommendation letters. However, this evidence was not directly linked to demonstrating national importance.
Inconsistencies in Proposed Endeavor:
The appeal decision noted inconsistencies in demonstrating how the specific endeavor would impact the national interest significantly.
Supporting Documentation
Letters of Intent:
The Petitioner provided letters of intent indicating interest in the proposed bakery but did not show how these letters supported national importance.
Business Plan:
A detailed business plan was presented, outlining the bakery’s operations and potential market impact but lacked evidence of national significance.
Advisory Letter:
A recommendation letter from a business owner highlighted the Petitioner’s qualifications but did not contribute significantly to proving national importance.
Conclusion
The appeal was denied. The Petitioner did not establish that the proposed bakery endeavor has the type of national importance required for a national interest waiver. The evidence provided focused more on the Petitioner’s qualifications and less on the broader implications of the proposed business.
