Date of Decision: February 15, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Construction Management and Project Development
Petitioner Information
Profession: Entrepreneur
Field: Construction Management and Project Development
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance: The petitioner claimed their endeavor in project development and construction management had merit and national importance, focusing on innovative consulting sustainability solutions in the U.S. construction and telecommunication market.
Well Positioned to Advance: The petitioner argued they were well-positioned due to their expertise and sustainable engineering methods.
Criteria Not Met:
Categorical Eligibility for EB-2 Classification: The petitioner failed to provide sufficient evidence of possessing an advanced degree or progressive experience requisite for the EB-2 classification.
Consistency and Definition of Proposed Endeavor: The proposed endeavor lacked clarity and consistency, significantly changing from the initial business focus to a quality test leadership role during the appeal, undermining the credibility and assessment of the endeavor’s national importance.
Key Points from the Decision
Proposed Endeavor:
Originally, the endeavor involved managing and developing construction projects with a focus on sustainability. This shifted dramatically to a role in quality control for environmental systems, indicating a significant deviation from the initial proposal.
Substantial Merit and National Importance:
The petitioner’s efforts were seen as having potential merit in innovative construction solutions. However, the shift in the business model during the appeal process raised questions about the actual impact and scope of the endeavor’s national importance.
Supporting Evidence:
The petitioner provided letters and a business plan which were initially aimed at supporting the original business concept but became less relevant after the business focus changed.
Inconsistencies in Proposed Endeavor:
The significant change in the business model from the original application to the appeal confused the assessment of the endeavor’s merit and importance.
Supporting Documentation
Letters of Intent: Initially used to support the original construction management endeavor.
Business Plan: Outlined the initial setup and objectives of the original business entity, which later conflicted with the petitioner’s new role and focus.
Advisory Letter: Likely supported the original business concept, details not fully specified.
Conclusion
Final Determination: The appeal was denied due to insufficient evidence of EB-2 eligibility and failure to convincingly argue the national interest waiver. The lack of a consistent and clear proposed endeavor further weakened the petitioner’s position.
Reasoning:
The petitioner did not adequately meet the criteria for EB-2 classification, and the national interest waiver was not warranted due to the unclear and inconsistent nature of the proposed endeavors.
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