Date of Decision: February 23, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Entrepreneur
Field: Information Technology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of the Proposed Endeavor: The petitioner demonstrated substantial merit through the IT services company’s operation, which serves various fields such as law, accounting, and real estate.
- Well Positioned to Advance the Proposed Endeavor: Established through the petitioner’s experience and ongoing involvement in his company.
Criteria Not Met:
- National Importance: The appeal failed to establish that the proposed endeavor holds national importance. The contributions were seen as limited to individual clients without broader implications.
- Benefits to the United States: The petitioner could not demonstrate that waiving the job offer requirement would be more beneficial for the U.S. than requiring one.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to lead his IT company, focusing on in-house R&D IT solutions for businesses lacking the structure to develop them independently.
Substantial Merit and National Importance:
The decision acknowledged the merit of the endeavor but questioned its national importance, citing a lack of evidence that the benefits extend beyond the petitioner’s immediate clients to the broader IT field.
Supporting Evidence:
While the petitioner provided a business plan and customer testimonials, these were insufficient to demonstrate a national impact or significant economic benefit.
Inconsistencies in Proposed Endeavor:
The evidence did not support the claimed national importance or potential economic benefits as projected in the petitioner’s statements and business plan.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Detailed but failed to convincingly project the national importance and broader economic impacts.
Advisory Letter: Not applicable.
Other Supporting Documentation: Limited to the business plan and customer testimonials, which did not fulfill the criteria for national importance.
Conclusion
Final Determination: The petitioner’s appeal is dismissed due to insufficient evidence of the national importance and benefits of the proposed endeavor to the United States.
Reasoning: The decision emphasizes the lack of a demonstrable impact on the national IT field and the speculative nature of the economic benefits presented.
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