Date of Decision: January 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Franchise Operations in Acai Fruit Bowl and Smoothie
Petitioner Information
Profession: General and Operations Manager
Field: Franchise Management
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- EB-2 Eligibility: Petitioner qualifies for the EB-2 category as an advanced degree professional based on his bachelor’s degree and over five years of relevant experience.
- Substantial Merit: The endeavor has substantial merit as it could generate significant revenues and create jobs for U.S. workers.
Criteria Not Met:
- National Importance: The Director found insufficient evidence that the proposed business operations would have an impact beyond the company’s direct environment—lacking broad economic or innovative impact at a national level.
Key Points from the Decision
Proposed Endeavor:
- The petitioner plans to operate six franchise stores in various U.S. locations, aiming to generate substantial revenue and create jobs within five years.
Substantial Merit and National Importance:
- While the petitioner’s venture is economically beneficial locally, it lacks the national scope and influence typically required for a national interest waiver.
- The business’s focus on providing quick-service acai bowls and related products is recognized as economically valuable but not of national importance.
Supporting Evidence:
- The business plan details the operational strategy and projected financials, indicating a well-structured enterprise but failing to establish a wider national benefit.
Inconsistencies in Proposed Endeavor:
- The appeal lacks specifics on how the business operations would extend their impact to have national relevance.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Detailed projections include significant revenue and employment growth within a localized economic context.
Advisory Letter: Not applicable.
Other Supporting Documentation: Not specified in the decision.
Conclusion
Final Determination: The petitioner’s application for a national interest waiver was ultimately denied due to the inability to demonstrate that the business would impact the national economy or meet criteria for national importance.
Reasoning: The evidence provided did not sufficiently establish that the benefits of the proposed business operations extended beyond local economic contributions to merit national consideration.
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