Date of Decision: FEB. 16, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
Profession: Entrepreneur
Field: Business Management and Entrepreneurship
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Academic Degree: Academic records confirm the petitioner’s college-level education in management.
Criteria Not Met:
- Full-time Experience: The petitioner failed to demonstrate ten years of full-time experience relevant to the entrepreneurship endeavor intended in the U.S.
- Professional License: The petitioner did not prove possession of a relevant professional license or certification for the claimed occupation.
Key Points from the Decision
Proposed Endeavor:
- Initially proposed to manage and expand a cleaning service business; later changed to developing a retail supermarket specializing in diverse cultural products.
Substantial Merit and National Importance:
- The petitioner did not convincingly demonstrate that his business ventures had substantial merit or national importance relative to his claimed exceptional ability.
Supporting Evidence:
- Evidence submitted was insufficient to demonstrate a degree of expertise above that ordinarily encountered in business entrepreneurship.
Inconsistencies in Proposed Endeavor:
- Significant inconsistencies were noted in the petitioner’s proposed business endeavors, as he shifted from a cleaning service to a supermarket venture after filing the petition.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Initial and later business plans showed a lack of consistent, focused endeavor.
Advisory Letter: Not provided
Other Documentation: Evidence provided did not substantiate claims of exceptional ability.
Conclusion
Final Determination: The petitioner did not meet the necessary criteria to qualify for EB-2 classification as an individual of exceptional ability, nor for a national interest waiver.
Reasoning: The evidence did not support the claims of exceptional ability or national importance; changes in the business proposal post-application highlighted a lack of clarity and commitment to a consistent endeavor.
