Date of Decision: January 3, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare Services
Petitioner Information
Profession: Entrepreneur
Field: Speech Therapy and At-Home Healthcare
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Professional: Petitioner qualifies as an advanced degree professional holding a degree equivalent to a U.S. bachelor’s followed by two years of graduate study.
- Substantial Merit: The proposed endeavor has substantial merit through its provision of comprehensive healthcare services at home.
Criteria Not Met:
- National Importance: Failed to demonstrate that the proposed endeavor has national importance. The impact was seen as limited to direct clients rather than having broader implications within the healthcare field.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to establish an at-home healthcare company offering a range of services including general physician, psychological, and nutritional services, focusing on operational management rather than direct service provision.
Substantial Merit and National Importance:
Although the endeavor was recognized for its substantial merit in providing healthcare services, it was not deemed of national importance as it lacked broader implications nationally or significant potential to employ U.S. workers in economically depressed areas.
Supporting Evidence:
Petitioner provided a business plan and personal statements outlining her background in speech therapy and business operations. However, these were insufficient to demonstrate the broader impact or innovative aspects required for national importance.
Inconsistencies in Proposed Endeavor:
The lack of clear innovative approaches or significant economic impact from the proposed business model was noted as a major inconsistency in demonstrating national importance.
Supporting Documentation
Business Plan:
Outlined the structure and goals of the proposed company, including job creation and economic impact projections which were not adequately supported with concrete evidence.
Letters of Intent, Advisory Letter:
Not applicable or not provided in the decision document.
Conclusion
Final Determination:
The petitioner did not establish the national importance of her proposed endeavor, thus failing to meet the criteria for a national interest waiver. The appeal was dismissed based on these grounds.
Reasoning:
The decision stressed the need for demonstrating a significant impact on a national scale and the lack of substantial proof in the petitioner’s claims regarding the broad economic and employment benefits of her endeavor.
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