Date of Decision: February 9, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Commercial Management
Petitioner Information
Profession: Commercial Manager
Field: Social Communication, Public Relations
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- EB-2 Eligibility: Qualified as an advanced degree professional with equivalent U.S. bachelor’s degree and over five years of post-baccalaureate progressive experience.
- Substantial Merit: Demonstrated potential economic impact through enhancement of U.S. businesses’ revenues and job creation.
Criteria Not Met:
- National Importance: Failed to establish that the proposed endeavor would broadly affect the national economy or introduce significant advancements in the field of commercial management.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposes to offer commercial management services in the U.S., focusing on customer relationships, strategic planning, team management, and endomarketing.
Substantial Merit and National Importance:
The proposed work was found to have substantial merit in potentially boosting U.S. businesses’ revenues and job prospects. However, the endeavor was not considered of national importance due to insufficient evidence of a broad impact on the national economy or the field of commercial management.
Supporting Evidence:
The petitioner provided expert opinion letters from U.S. university professors supporting the national importance of the commercial management services. However, these were not deemed sufficient to establish the specific national implications required.
Inconsistencies in Proposed Endeavor:
The appeal lacked a comprehensive business plan and failed to specify the projected impact if the petitioner were to establish her own company or work for an existing U.S. firm.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Summarized key endorsements from professors but lacked detailed analysis on the national implications of the proposed services.
Conclusion
Final Determination: The appeal is dismissed as the petitioner did not demonstrate that her proposed commercial management services have national importance under the Dhanasar framework.
Reasoning: The decision focused on the lack of broad impact and significant advancements in the field, alongside the absence of a detailed business plan and specific projections about the endeavor’s impact on the national economy.
