Date of Decision: November 18, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: Business Administrator
Field: Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Petitioner’s proposed endeavor has substantial merit in the field of business administration.
Experience: The Petitioner has extensive experience in business management, particularly with two Brazilian companies.
Criteria Not Met:
National Importance: The Petitioner did not establish that her proposed endeavor has national importance.
Positioning: The Petitioner did not demonstrate that she is well-positioned to advance the proposed endeavor in the field of education administration.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to serve as the administrator of three franchises in the Florida area, handling tasks such as marketing, facilities maintenance, and budgeting.
Substantial Merit and National Importance:
While the Petitioner’s endeavor has substantial merit in business, it lacks demonstrated national importance. The proposed administration of three child care facilities does not extend beyond local impact.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not show that waiving the job offer requirement would be beneficial to the U.S., as the national importance of her endeavor was not established.
Supporting Evidence:
The Petitioner provided reference letters and evidence of her business management experience but did not supply a certified English translation of a key letter. The documentation lacked support for the national importance of her proposed endeavor.
Inconsistencies in Proposed Endeavor:
The Director found inconsistencies in the description of the franchises, leading to a deficient portrayal of the proposed endeavor.
Supporting Documentation
Letters of Intent:
The Petitioner included letters from business associates but did not provide a certified translation for a crucial letter.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish the national importance of her proposed endeavor and was not well-positioned to advance it. Additionally, she did not demonstrate that a waiver of the job offer requirement would benefit the United States.
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