Date of Decision: January 04, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business and Financial Consulting
Petitioner Information
Profession: Entrepreneur
Field: Business and Financial Consulting
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as an Advanced Degree Professional: The petitioner has an advanced degree in economics and five years of progressive experience, qualifying him as a professional in the field.
- Substantial Merit and National Importance: The petitioner’s endeavor was acknowledged as having substantial merit and national importance based on its potential economic impact.
Criteria Not Met:
- Well Positioned to Advance the Proposed Endeavor: The petitioner failed to demonstrate a sufficient track record of success or substantial interest in his work that would establish him as well positioned to advance the proposed endeavor.
- National Importance of Specific Endeavor: The projections for job creation and revenue were deemed unsupported and inadequate to establish the national importance of the business plan.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to lead and develop his business in financial consulting, loans, and collections services targeting small and medium-sized businesses.
Substantial Merit and National Importance:
The endeavor is recognized for its economic potential; however, the specific impact and justification for its national importance were insufficiently substantiated.
Supporting Evidence:
The evidence included a business plan, personal statements, resumes, and several articles about the economic impact of entrepreneurs. However, the evidence failed to adequately support the claimed economic benefits.
Inconsistencies in Proposed Endeavor:
The projections in the business plan were found to be overly optimistic without adequate justification, weakening the case for national importance.
Supporting Documentation
Business Plan:
Detailed projections of employment and revenue, criticized for lacking sufficient support and justification.
Conclusion
Final Determination:
The appeal is dismissed due to insufficient evidence to demonstrate that the proposed endeavor has national importance and the petitioner is well-positioned to succeed. The key reasons include inadequately supported projections and a lack of evidence showing significant potential economic impact.
Download the Full Petition Review Here
