Date of Decision: February 29, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: Executive Manager
Field: Business Administration
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Salary Data: Demonstrated higher salary compared to peers in the field.
- Letters from Employers: Confirmed positions and responsibilities held.
Criteria Not Met:
- Education: Petitioner’s educational credentials were not found equivalent to a U.S. bachelor’s degree or higher.
- Exceptional Ability: Failed to meet the required number of criteria under 8 CFR § 204.5(k)(3)(ii).
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to establish a marketing and graphic design company in the United States.
Substantial Merit and National Importance:
The endeavor was recognized to have substantial merit and national importance, although not adequately supported by the necessary qualifications or potential for success.
Supporting Evidence:
The petitioner provided salary data and employer letters but lacked sufficient evidence of exceptional ability or advanced degree qualifications, as required under the regulations.
Inconsistencies in Proposed Endeavor:
The evidence did not conclusively demonstrate that the petitioner’s educational background and professional experience were sufficient to meet the statutory requirements for the classification sought.
Supporting Documentation
Letters of Intent:
Not applicable as the petitioner did not provide any specific letters of intent for the proposed business.
Business Plan:
A business plan was mentioned but not detailed in the evidence provided.
Advisory Letter:
No advisory letters specifically supporting the national interest waiver were submitted.
Conclusion
The final determination was denial due to insufficient demonstration of qualifying as an advanced degree professional or as an individual of exceptional ability. The evidence did not satisfy the regulatory requirements for the classification sought.
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