Date of Decision: February 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
Profession: Business Management
Field: Virtual Social Startup Incubation
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The proposed virtual social startup incubator was recognized for its potential to support small entrepreneurs, especially from vulnerable social groups.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate the national importance of the proposed endeavor, lacking detailed evidence of its broader economic impact and innovation contributions.
- Well Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently prove her capabilities or the concrete steps taken towards advancing her proposed endeavor, such as securing investors or demonstrating relevant experience.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to establish a virtual social startup incubator focused on providing consultancy and support to small entrepreneurs, particularly those from economically disadvantaged backgrounds.
Substantial Merit and National Importance:
While the endeavor was recognized for its merit, the appeal failed to establish its national importance due to insufficient evidence of broader economic benefits or innovative contributions to the field.
Supporting Evidence:
The evidence included a business plan and letters from experts, but lacked concrete details and independent verification of claims about the incubator’s potential impact.
Inconsistencies in Proposed Endeavor:
The business plan and supporting documents did not convincingly outline the relevance of the physical location or the actual impact on national employment and economic conditions.
Supporting Documentation
Business Plan:
Outlined the structure and goals of the virtual incubator but lacked detailed projections and evidence supporting the claimed benefits.
Letters of Intent:
Not specifically mentioned or substantiated in the decision or evidence provided.
Conclusion
Final Determination:
The appeal was dismissed due to the failure to meet the required criteria for a national interest waiver, primarily due to inadequate demonstration of the national importance of the proposed endeavor and the petitioner’s qualifications to advance it.
Reasoning:
The decision highlighted the lack of detailed, corroborative evidence supporting the proposed business impacts and the petitioner’s capability to effectively implement her business plan.
