Date of Decision: March 08, 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 Manager
Field: Business Management
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor in business management was recognized for its substantial merit.
- Well-Positioned to Advance: The petitioner has demonstrated a history of success and a solid plan for future activities in business management.
Criteria Not Met:
- National Importance: The endeavor was found to lack national importance as it did not clearly demonstrate broader economic or societal benefits.
- Benefit to the United States: The record did not establish that waiving the job offer and labor certification requirements would benefit the U.S. interest.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aims to continue their role in business management, focusing on strategic planning and commercial management.
Substantial Merit and National Importance:
- The endeavor’s merit was acknowledged; however, its impact was not deemed of national importance. Key points lacked evidence of broader implications that rise to a level of national importance.
Supporting Evidence:
- Evidence included diplomas, letters of recommendation, and prior employment verifications, but failed to convincingly tie these to the national importance of the proposed endeavor.
Inconsistencies in Proposed Endeavor:
- The petitioner’s proposed plan was viewed as a potential job search rather than a well-defined endeavor with national implications.
Supporting Documentation
Letters of Intent:
- Provided by various business partners, focusing primarily on past services rather than future contributions.
Business Plan:
- Lacked clear demonstration of potential economic impact or substantial contribution to U.S. businesses.
Advisory Letter:
- Mostly highlighted past achievements, with insufficient details on the strategic impact of future endeavors.
Any Other Supporting Documentation:
- Included certificates and course completions which reinforced the petitioner’s qualifications but did not establish national importance.
Conclusion
The appeal was remanded for further review. The petitioner did not adequately demonstrate the national importance of their proposed endeavor or its substantial benefit to the United States.
