Date of Decision: January 18, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Food Industry
Petitioner Information
Profession: Entrepreneur
Field: Food Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not sufficiently meet any of the criteria for exceptional ability or advanced degree professional classification.
Criteria Not Met:
- Educational Credentials: The petitioner failed to demonstrate that they possessed the required educational qualifications for EB-2 classification.
- Exceptional Ability: There was insufficient evidence to establish exceptional ability in the food industry as defined by the regulatory criteria.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to improve the US food industry by developing innovative and cost-effective frozen Brazilian dinners through their business.
Substantial Merit and National Importance:
- Merit: The endeavor was considered entrepreneurial with a focus on the food industry.
- National Importance: The proposed endeavor was not deemed of national importance due to insufficient evidence of significant prospective impact on the national economy or food industry standards.
Supporting Evidence:
- The evidence provided, including business plans and letters of recommendation, was deemed insufficient to demonstrate the national importance or substantial merit of the endeavor.
Inconsistencies in Proposed Endeavor:
- The evidence failed to cohesively support the claims of significant impact on food industry innovation or national economic benefits.
Supporting Documentation
Letters of Intent:
- Not applicable as no sufficient letters were provided that met the criteria.
Business Plan:
- Described the operational aspects and goals but lacked concrete evidence supporting the feasibility and impact of the business.
Advisory Letter:
- Not applicable as the evidence did not meet the required standards to demonstrate national importance or exceptional ability.
Conclusion
Final Determination:
- The appeal was dismissed due to the petitioner’s failure to establish eligibility for EB-2 classification or a national interest waiver. The decision highlighted a lack of substantial and nationally important contributions to the food industry, insufficient evidence of exceptional ability, and overall failure to meet the regulatory criteria.
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