Date of Decision: April 19, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management Consulting
Petitioner Information
Profession: Business Management Consultant
Field: Business Management Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
[Criterion 1]: The Petitioner qualifies as a member of the professions holding an advanced degree.
[Criterion 2]: The Petitioner has established a potential to employ U.S. workers and indirectly contribute to the creation of jobs in multiple industries.
Criteria Not Met:
[Criterion 1]: The Petitioner did not establish that the proposed endeavor would have national importance.
[Criterion 2]: The Petitioner failed to demonstrate that the endeavor’s economic impact or broader implications would rise to the level of substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed managing a business consulting company and providing business consulting services to other companies.
Substantial Merit and National Importance:
The endeavor’s primary benefit would be to the companies and clients directly receiving the consulting services. The record does not establish broader implications in terms of significant potential to employ U.S. workers or have substantial positive economic effects beyond the immediate business context.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not demonstrate how the endeavor would result in significant economic impact or broader implications beneficial to the U.S., as required by the Dhanasar prong.
Supporting Evidence:
The evidence included general statements about the endeavor’s potential to facilitate trade between the U.S. and Brazil and to expand revenues for small U.S. businesses, but lacked sufficient detail and context to establish national importance.
Inconsistencies in Proposed Endeavor:
The Petitioner’s claims about the potential economic impact and job creation were not supported by detailed, probative evidence, making it challenging to assess the endeavor’s national importance accurately.
Supporting Documentation
Letters of Intent:
Summarized intent letters lacked specific details on the proposed business activities’ scope and impact.
Business Plan:
The business plan did not provide a robust analysis or evidence demonstrating how the endeavor would achieve substantial positive economic effects.
Advisory Letter:
The advisory letter emphasized the potential benefits of the proposed endeavor but did not sufficiently address the national importance criterion.
Conclusion
Final Determination: The appeal was denied. The petitioner did not establish that the proposed endeavor would have national importance, a critical requirement for a National Interest Waiver.
