Date of Decision: January 6, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Petitioner Information
Profession: Former Military Officer
Field: Military Instruction, Entrepreneurship, Sales Consultancy
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Degree or Diploma:
The petitioner provided a diploma and transcripts showing he earned a bachelor’s degree in administration from a Brazilian institution. However, the degree was not considered equivalent to a U.S. baccalaureate degree as it did not meet the required four years of study typically necessary for a U.S. bachelor’s degree.
Criteria Not Met:
Full-Time Experience:
The petitioner failed to demonstrate 10 years of full-time experience in the occupations of military instructor, entrepreneur, or sales consultant. The evidence showed experience as a military officer in various administrative roles, but not in the specified fields.
License to Practice:
The petitioner did not submit evidence of licenses or certifications to practice in his proposed occupations.
Recognition for Achievements:
The military medals received by the petitioner were acknowledgments of his service, not for achievements or significant contributions to the fields of military instruction, entrepreneurship, or sales.
Key Points from the Decision
Proposed Endeavor:
The petitioner initially proposed working as a military instructor in the U.S., later changing to providing sales consultancy services to U.S. companies selling goods to the Brazilian military. This significant change in the proposed endeavor was noted as a concern.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor lacked a consistent and clear objective, making it difficult to establish its substantial merit and national importance. The conflicting details and changes in the proposed endeavor contributed to the decision to deny the appeal.
Supporting Evidence:
The petitioner submitted various documents, including a business plan for a sales consultancy service and letters of recommendation. However, these did not sufficiently demonstrate the petitioner’s eligibility or the national importance of his proposed endeavor.
Supporting Documentation
Letters of Intent:
The petitioner provided letters indicating intent to engage in consultancy services, but these were not deemed sufficient to establish eligibility.
Business Plan:
A business plan was submitted outlining a consultancy service for U.S. companies selling to the Brazilian military. The plan was considered but did not sufficiently demonstrate the national importance or substantial merit required for the waiver.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the criteria for an advanced degree or exceptional ability, nor did he sufficiently establish the national importance of his proposed endeavor. The inconsistencies in the proposed endeavor further weakened the case.
Next Steps:
The petitioner may consider re-evaluating and providing additional evidence to address the deficiencies noted in the decision if he wishes to pursue another appeal or a new petition.
