Date of Decision: March 22, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Real Estate and Construction
Petitioner Information
Profession: Entrepreneur
Field: Real Estate and Construction
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as an Advanced Degree Professional: Evidence of education and professional experience established qualification for EB-2 classification.
- Proposed Endeavor with Substantial Merit: The petitioner demonstrated substantial merit through his proposed endeavor in the construction and real estate industry, focusing on building affordable homes.
Criteria Not Met:
- National Importance of Proposed Endeavor: Failed to establish the national importance of the endeavor, showing no broad or significant impact on the affordable housing crisis or economic benefits at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to lead a Florida-based construction and real estate company, focusing on affordable housing and sustainable building practices.
Substantial Merit and National Importance:
The petitioner demonstrated the substantial merit of his endeavor by detailing the societal benefits of affordable housing and the use of sustainable resources. However, he failed to establish the national importance, as his plans did not show a significant impact beyond his immediate business operations.
Supporting Evidence:
Documentation included a business plan, discussions on the economic role of small businesses, and initiatives on environmental sustainability.
Inconsistencies in Proposed Endeavor:
Discrepancies in the proposed number of jobs to be created and the impact of his business operations weakened his case for national importance.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Outlined the operational scope and societal benefits of the proposed business but lacked compelling evidence of national impact.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
General industry data used to support claims of the endeavor’s importance without directly tying it to national benefits.
Conclusion
The appeal was dismissed due to insufficient evidence of national importance and inconsistent data regarding the economic impact of the proposed business. The petitioner’s endeavor, while beneficial locally, did not meet the high threshold for a national interest waiver.
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