Date of Decision: March 7, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurialism in Eyewear
Petitioner Information
Profession: Entrepreneur
Field: Entrepreneurialism
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Requirement: The petitioner was found eligible for the EB-2 immigrant classification as a professional holding an advanced degree.
- Substantial Merit of the Endeavor: The endeavor was acknowledged to have substantial merit based on its entrepreneurial impact and the presentation of evidence such as economic impact analyses.
Criteria Not Met:
- National Importance of the Proposed Endeavor: The USCIS found the evidence insufficient to demonstrate the national importance of the endeavor, focusing only on the individual’s qualifications rather than the proposed business impact.
- Job Creation and Economic Impact: Despite job creation projections in the business plan, inconsistencies and lack of detailed support weakened claims of significant economic impact.
Key Points from the Decision
Proposed Endeavor:
- The petitioner plans to operate an online eyewear business in the U.S., potentially expanding to physical retail locations.
Substantial Merit and National Importance:
- Recognized merit in the eyewear industry; however, failed to demonstrate the national importance adequately, focusing more on personal qualifications than broader economic effects.
Supporting Evidence:
- Articles on small business impacts and the eyewear market provided some backing for the endeavor’s merit but lacked direct relevance to national importance claims.
Inconsistencies in Proposed Endeavor:
- Conflicting information in the business plan regarding product offerings and job creation projections reduced the credibility of the national importance claim.
Supporting Documentation
Business Plan:
- Provided job creation projections and market analysis but lacked necessary details on job roles and economic impact justification.
Conclusion
The appeal was denied. The petitioner failed to convincingly demonstrate the national importance of the proposed endeavor and its significant potential economic impact on the U.S. economy.
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