Date of Decision: May 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship
Petitioner Information
Profession: Entrepreneur
Field: Management Consulting
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The endeavor involved management consulting aimed at business development.
- Educational and Professional Qualifications: The petitioner was recognized as having an advanced degree qualifying him as an entrepreneur.
Criteria Not Met:
- National Importance: Failed to demonstrate that the endeavor would have a substantial positive economic impact or significant prospective impact on the national scale.
- Well-Positioned to Advance: Insufficient evidence to show that the petitioner was positioned to implement the proposed endeavor effectively.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to operate a management consulting firm focusing on business development advisory services.
Substantial Merit and National Importance:
- Although the endeavor was recognized for its merit, it lacked sufficient proof of having national importance. The review highlighted a lack of broad societal or economic benefits.
Supporting Evidence
- The petitioner provided letters of recommendation and industry reports, but these were deemed insufficient to establish the proposed endeavor’s national importance.
Inconsistencies in Proposed Endeavor
- There were inconsistencies in the petitioner’s descriptions of the endeavor, which raised doubts about its scope and impact.
Supporting Documentation
Letters of Intent:
- Letters showed interest in the petitioner’s consulting services but did not substantiate the national importance or scale of impact.
Business Plan:
- Outlined job creation and revenue generation, but lacked corroborative evidence for substantial national impact.
Conclusion
The appeal was denied. The petitioner did not adequately demonstrate that his proposed endeavor would significantly benefit the U.S. on a national level or that it would have substantial positive economic effects.
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