Date of Decision: January 25, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship and Transportation Management
Petitioner Information
Profession: Entrepreneur and Business Manager
Field: Transportation and Logistics
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Professional Qualification: Established qualification as a professional holding an advanced degree in business management.
- Positioning to Advance the Endeavor: Demonstrated potential to operate a nationwide logistics business.
Criteria Not Met:
- Substantial Merit and National Importance: Failed to demonstrate that the proposed transportation business has substantial merit or national importance.
- Economic Impact: Insufficient evidence that the business would provide significant economic benefits on a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to operate a nationwide long-distance freight hauling and transportation service, initially focusing on the state of Florida.
Substantial Merit and National Importance:
The petitioner has not convincingly demonstrated how the endeavor would impact the national economy significantly, with the denial focusing on the lack of broad societal benefits beyond the immediate business.
Supporting Evidence:
Included a business plan and expert opinion letters. However, these were found inadequate to establish the national importance of the endeavor.
Inconsistencies in Proposed Endeavor:
The evidence did not support the petitioner’s claims about the national scope and significant economic impact of her business plan.
Supporting Documentation
Business Plan:
Outlined the operation and growth of the transportation service but lacked financial forecasts and failed to convince the reviewing authority of its national importance.
Advisory Letter:
From an associate professor of marketing, asserting the national importance of the petitioner’s business. However, this did not align with the required evidence standards to establish national importance.
Conclusion
Final Determination:
The appeal was dismissed due to the inability to demonstrate that the petitioner’s endeavor has substantial merit and national importance as required by the first prong of the Dhanasar framework.
Reasoning:
The decision focused on the lack of evidence supporting the national impact of the petitioner’s business, highlighting the requirement for more concrete effects on the national economy and broader societal benefits.
Download the Full Petition Review Here
