Date of Decision: April 19, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management and Entrepreneurship
Petitioner Information
Profession: Entrepreneur
Field: Business Management and Entrepreneurship
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Academic Record: The petitioner provided an academic evaluation stating he has the equivalent of an Associate Degree in Business Administration from an accredited institution of higher education in the United States.
Criteria Not Met:
- Ten Years of Experience: The petitioner did not provide sufficient evidence demonstrating ten years of full-time experience in the occupation.
- Commanding Salary: The petitioner did not offer documentation showing that his earnings are indicative of exceptional ability relative to others in his field.
- Membership in Professional Associations: The petitioner’s membership in the Brazilian E-Commerce Association did not qualify as a professional association as defined by USCIS regulations.
- Recognition for Achievements: The petitioner’s provided recommendation letters were not sufficient to demonstrate significant recognition or impact in his field.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to continue working in the United States as an entrepreneur, focusing on providing business intelligence consulting services for international expansion, marketing, and sales for U.S. corporations. He also planned to promote Brazilian companies’ investments in the American market and develop a compact elevator business to improve the quality of life for people with disabilities.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor has substantial merit, but he did not sufficiently demonstrate its national importance. The Director found that while the field of entrepreneurship is important, the petitioner’s specific activities did not show a broader impact on the U.S. economy or the business field at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the U.S. economy through job creation and tax revenue. However, the Director found insufficient evidence to support these claims. The proposed work did not show significant potential to employ U.S. workers or provide substantial economic benefits to justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including academic records, business plans, and articles on entrepreneurship and economic contributions. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the impact of his work were not supported by sufficient evidence to demonstrate its broader implications or national importance.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but not sufficiently detailed to support the claims.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petitioner provided general articles on the economic benefits of entrepreneurship but did not link this to his specific work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond his direct business activities.
