Date of Decision: June 6, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Travel and Tourism
Petitioner Information
Profession: Chief Executive Officer
Field: Travel Agency Operations
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner demonstrated an equivalent U.S. bachelor’s degree followed by more than five years of progressive experience in the specialty.
Criteria Not Met:
National Interest Waiver: The petitioner failed to demonstrate that his proposed endeavor of operating a travel agency specializing in organizing trips around the U.S., excursions, and cruises would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to direct the operations of a travel agency that specializes in organizing domestic and international tours, focusing on enhancing tourism experiences particularly for Latin American tourists, with a vision to expand to all visitors to the U.S.
Substantial Merit and National Importance:
While the petitioner’s endeavor has potential economic benefits, the evidence provided was insufficient to establish that these activities have substantial national importance or that they could significantly impact the travel and tourism industry on a national level.
Supporting Evidence:
Business Plan: Included detailed forecasts and strategies for growing the travel agency but lacked evidence of broader national benefits such as significant job creation or substantial impact on the U.S. tourism sector.
Letters from Industry Representatives: Offered some validation of the petitioner’s capabilities and past performance but did not sufficiently articulate the national importance of the proposed activities.
Inconsistencies in Proposed Endeavor:
The petitioner’s description of his role and the outlined responsibilities in the business plan showed inconsistencies, such as the variation between the roles of CEO and general manager, which raised questions about the actual scope and impact of his professional activities.
Supporting Documentation
Business Plan:
Detailed operational strategies and market engagement plans but did not convincingly demonstrate how these would translate into significant national economic contributions.
Letters of Intent:
Not provided, which would have substantiated commitments from potential clients or partners and supported claims of national importance.
Advisory Letter:
General endorsements provided did not sufficiently tie the petitioner’s activities to broader national economic strategies or priorities.
Conclusion
The appeal was dismissed due to the petitioner’s failure to convincingly demonstrate that his travel agency operations would meet the national interest criteria required for a waiver of the job offer and labor certification. The lack of concrete, verifiable benefits extending beyond the petitioner’s immediate business operations was a pivotal factor in the final determination.
