Date of Decision: January 17, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education Technology
Petitioner Information
Profession: Instructional Coordinator
Field: Education Technology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The Director acknowledged the proposed endeavor has both substantial merit and national importance in enhancing education technology.
Criteria Not Met:
- Positioning to Advance the Endeavor: The Director initially found insufficient evidence regarding the petitioner’s ability to advance her proposed venture, overlooking significant supportive details.
- Benefits to the United States: The decision failed to specify how the petitioner’s evidence fell short in demonstrating that a waiver would benefit the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to establish a consulting, advisory, and training company focused on content development and educational technology, aimed at improving online learning capabilities for schools and businesses.
Substantial Merit and National Importance:
The venture is recognized for its potential to significantly enhance educational practices through technology, which is crucial for growth in educational sectors.
Supporting Evidence:
The petitioner provided a business plan, letters of intent from a U.S. hospital and potential clients, and an advisory letter, highlighting strong market interest and investment readiness.
Inconsistencies in Proposed Endeavor:
The appeal decision critiqued the initial review for not considering all relevant factors, such as the petitioner’s progress and detailed plans for her endeavor.
Supporting Documentation
Letters of Intent:
The petitioner has secured a letter of intent from a U.S. hospital and other potential clients, demonstrating significant interest in her educational technology services.
Business Plan:
Detailed projections within the business plan estimate significant revenue and employment growth, reinforcing the venture’s viability and economic benefits.
Advisory Letter:
An expert opinion from a U.S. educational leader supports the national importance of the petitioner’s endeavor in advancing educational technology.
Conclusion
Final Determination:
The decision was remanded for a new determination, requiring a thorough re-evaluation of the petitioner’s positioning and the overall benefits of the waiver to the United States.
Reasoning:
The appeal highlighted overlooked evidence and insufficient analyses in the original decision, suggesting a more comprehensive review on remand.
Download the Full Petition Review Here
