Date of Decision: March 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Event Planning and Travel Industry
Petitioner Information
Profession: Entrepreneur
Field: Event Planning and Tourism
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor in event planning and tourism is recognized for its substantial merit within business and entrepreneurialism.
- Well-Positioned to Advance the Endeavor: The petitioner’s previous success in Brazil and global business events planning is noted.
Criteria Not Met:
- National Importance: The appeal failed to establish that the petitioner’s proposed business operations have national importance within the United States.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aims to operate her business focusing on international trade shows and business visitor facilitation, intending to act as a bridge between Latin American companies and the U.S. market.
Substantial Merit and National Importance:
- While the petitioner’s business plan is deemed to have substantial merit, it lacks the required evidence of national importance. The direct impact of the petitioner’s activities on the U.S. economy was not substantiated adequately.
Supporting Evidence
- The petitioner submitted a business plan, expert opinions, and recommendation letters. However, these documents did not convincingly demonstrate the national importance of the proposed activities.
Inconsistencies in Proposed Endeavor
- The business plan’s projections on revenue and job creation were seen as speculative with no substantial evidence to support the claims of national impact.
Supporting Documentation
Letters of Intent:
- Provided by prior customers and business associates, supporting the petitioner’s acumen but not directly substantiating national importance.
Business Plan:
- Detailed future operations but lacked empirical evidence to support projected economic contributions.
Advisory Letter:
- Focuses more on the general importance of immigrant entrepreneurs than on the specific endeavors of the petitioner.
Conclusion
The appeal was dismissed as the evidence provided did not sufficiently establish the national importance of the proposed endeavor. The business’s potential impact on the U.S. economy was deemed speculative and unsubstantiated.
