Date of Decision: March 9, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Management
Petitioner Information
Profession: General and Operations Manager
Field: Business Management
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner demonstrated the equivalency of her Brazilian bachelor of business degree to a U.S. baccalaureate in business administration and has more than five years of post-baccalaureate, progressive experience in business administration.
Criteria Not Met:
National Importance: The Petitioner’s plan to establish a frozen-food business with modest projections did not demonstrate a significant national or regional impact.
Substantial Positive Economic Effects: The evidence provided did not sufficiently establish the broader economic benefits or substantial positive economic effects of her proposed business.
Key Points from the Decision
Proposed Endeavor
The Petitioner, a general and operations manager from Brazil, proposed using her business knowledge and experience to help U.S. companies improve their operations. She later stated that she would manage and operate her own food supply company in the United States, specializing in frozen food.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit, with potential economic benefits indicated by the business plan and letters from Brazilian business owners. However, the Petitioner’s projections of employing five workers and generating $300,000 in revenue by the fifth year did not demonstrate a significant national or regional impact.
Supporting Evidence:
The Petitioner provided a business plan, letters from business owners, and an endorsement from a U.S. university professor. Despite these, the evidence was insufficient to establish the broader national importance of her proposed endeavor.
Inconsistencies in Proposed Endeavor
The Director noted inconsistencies in the Petitioner’s business plan and the lack of specific details regarding the potential economic impact and the amount of time the Petitioner would devote to the proposed endeavor.
Supporting Documentation
Letters of Intent:
The Petitioner provided letters from Brazilian business owners and a U.S. university professor endorsing her business experience and potential contributions.
Business Plan:
The business plan outlined modest projections for employment and revenue but lacked supporting evidence of broader economic benefits or substantial positive economic effects.
Advisory Letter:
An endorsement letter from a U.S. university professor emphasized the Petitioner’s business experience but did not specifically address the national importance of her proposed endeavor.
Any other supporting documentation:
The Petitioner included general statements about the potential benefits of her business, but these were not sufficiently detailed to demonstrate national importance.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner not meeting the national importance criteria under the Dhanasar framework.
Reasoning:
The Petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor would have significant national or regional implications. The modest projections and existing business records did not indicate a substantial positive economic impact.
