Date of Decision: January 26, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Consulting
Petitioner Information
Profession: Finance Manager
Field: Financial Consulting
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The endeavor involves financial consulting aimed at Latin American and Brazilian companies, acknowledged to have substantial merit based on the petitioner’s past experience and the detailed business plan provided.
Criteria Not Met:
National Importance: The petitioner failed to demonstrate the national importance of his endeavor. Despite asserting that his work would attract foreign investment and create U.S. jobs, the evidence provided was deemed insufficient to prove national impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to operate a consulting agency in Florida, specializing in financial services for Latin American and Brazilian companies, eventually expanding to other locations.
Substantial Merit and National Importance:
The petitioner’s endeavor was recognized for its merit but criticized for not demonstrating national importance. The business plan and supporting documents did not convincingly show how the endeavor would impact beyond a local level or significantly influence the broader U.S. economy.
Supporting Evidence:
Included a business plan detailing the structure and goals of the proposed business, highlighting how it would benefit its clients but failing to establish a broader economic impact.
Inconsistencies in Proposed Endeavor:
Significant discrepancies were noted between the petitioner’s initial claims and the detailed business plan provided later, particularly in demonstrating the national importance of the endeavor.
Supporting Documentation
Business Plan:
Outlines the structure and strategy of the proposed financial consulting business, including future expansions and the services offered.
Advisory Letter:
An advisory opinion by a professor emphasized the petitioner’s in-depth knowledge of the Brazilian business environment, highlighting its merit but not aligning with claims of national importance.
Conclusion
Final Determination:
The appeal was dismissed due to the inability to establish the national importance of the proposed endeavor, despite its substantial merit. The evidence presented did not meet the required standard to justify a waiver of the job offer requirement in the national interest.
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