Date of Decision: February 20, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Systems Consulting
Petitioner Information
Profession: Entrepreneur
Field: Computer Systems Consulting
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as a professional with an advanced degree: The petitioner qualifies under EB-2 as a professional holding an advanced degree.
- Well-positioned to advance the proposed endeavor: The petitioner demonstrated adequate experience and a detailed business plan to advance the IT consulting endeavor.
Criteria Not Met:
- National Importance: The petitioner failed to establish that the endeavor would have national importance, impacting beyond the localized business operations to a level sufficient for the NIW.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to operate an IT consulting business in Florida, focusing on aiding small to medium-sized businesses with digital transformation and software engineering services, targeting HUBZone areas.
Substantial Merit and National Importance:
The endeavor was deemed to have substantial merit in its business and technological contributions; however, it failed to demonstrate a significant impact at a national level or beyond the petitioner’s immediate business sphere.
Supporting Evidence:
Evidence included academic credentials, a detailed business plan, service contracts, expert opinion letters, and recommendations. These documents substantiated the petitioner’s claims of substantial merit but lacked convincing arguments for national importance.
Inconsistencies in Proposed Endeavor:
The main inconsistency highlighted was the limited scope of the business impact, primarily focused on a small segment of the market, which did not align with the broader implications necessary for a national interest waiver.
Supporting Documentation
Business Plan:
Outlined strategic goals for expanding digital capabilities in underserved areas with projections for revenue and employment growth.
Advisory Letters and Recommendations:
Supported the petitioner’s qualifications and past achievements but lacked compelling evidence of national impact.
Conclusion
Final Determination:
The appeal was dismissed based on insufficient evidence of the proposed endeavor’s national importance. The petitioner’s qualifications and business model were acknowledged, yet they fell short of demonstrating the broader national benefits required for the waiver.
Reasoning:
The decision emphasized the need for the proposed business activities to extend their influence beyond local or niche markets to fulfill the criteria of national importance under the NIW.
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