Date of Decision: April 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Technology and Document Management Systems
Petitioner Information
Profession: General and Operations Manager
Field: Electronic Management of Documents
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Educational Qualification: Petitioner has a diploma and academic transcript from a two-year higher education course in Brazil.
- Recognition for Achievements: Petitioner submitted recommendation letters documenting high regard by his clients for his management skills.
Criteria Not Met:
- Full-time Experience: Required evidence of full-time experience was not adequately provided.
- License or Certification: Membership in a union was incorrectly presented as a professional license.
- Salary Demonstrating Exceptional Ability: The income presented did not meet the criterion as it was significantly lower than the industry average.
Key Points from the Decision
Proposed Endeavor:
- Petitioner proposed to establish a company for electronic document management to aid small and medium-sized companies.
Substantial Merit and National Importance:
- The proposed endeavor was recognized for its substantial merit, but failed to demonstrate national importance or a significant impact on the industry.
Supporting Evidence
- Business Plan: Provided but did not convincingly demonstrate the economic benefits or substantial impact of the proposed endeavor.
- Recommendation Letters: Highlighted the petitioner’s managerial capabilities but lacked evidence of significant contributions to the field.
Inconsistencies in Proposed Endeavor
- Claims of national importance and significant economic impact were not supported by sufficient evidence.
Supporting Documentation
Letters of Intent:
- Not applicable
Business Plan: - Outlined goals and projected revenues but lacked detailed, credible projections.
Advisory Letter: - General in nature, did not specifically support the business plan or proposed endeavor.
Any Other Supporting Documentation: - None provided that furthered the case.
Conclusion
The appeal was denied. The petitioner did not successfully demonstrate that his proposed endeavor would have national importance or significant economic benefits, as required for a national interest waiver.
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