Date of Decision: January 10, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management and Tourism
Petitioner Information
Profession: Business Manager and Tourism Enthusiast
Field: Business Management and Tourism
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Educational Qualifications: The Petitioner has earned a degree comparable to a U.S. bachelor’s degree in business administration.
- Business Management Experience: The Petitioner has documented two years of experience managing a business in a relevant field.
Criteria Not Met:
- Five Years of Progressive Post-Baccalaureate Experience: The Petitioner failed to demonstrate five years of relevant, progressive experience post-degree.
- National Interest Waiver Requirements: The Petitioner did not establish eligibility for the national interest waiver under the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intended to operate a tourism business in the United States, leveraging her prior experience in business management.
Substantial Merit and National Importance:
The appeal review did not extensively address the substantial merit or national importance, focusing instead on the lack of proven experience relevant to the proposed endeavor.
Supporting Evidence:
The Petitioner provided letters and a CV outlining her roles and contributions in various business management capacities. However, these were deemed insufficient to demonstrate the required five years of progressive experience.
Inconsistencies in Proposed Endeavor:
There were discrepancies in demonstrating a direct correlation between her past managerial roles and her proposed tourism business, impacting the credibility of the claim.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Not applicable
Conclusion
Final Determination: The appeal is dismissed, and the initial decision of denial is upheld.
Reasoning: The Petitioner did not satisfactorily prove eligibility for EB-2 classification as a member of the professions holding an advanced degree, nor for the national interest waiver. The evidence provided did not adequately establish the necessary criteria for approval.
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