Date of Decision: January 5, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: IT Analyst/Entrepreneur
Field: Information Technology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her proposed endeavor in the IT field has substantial merit and national importance. Her business plan outlined the creation of a company offering technical education, training, and IT consulting services in the United States.
- Educational and Professional Background: The petitioner possesses academic qualifications and professional experience relevant to her field, including certificates in financial technology management and project management.
Criteria Not Met:
- Positioning to Advance the Proposed Endeavor: The petitioner did not adequately demonstrate how she will continue to advance her proposed endeavor. The business plan lacked evidence of sufficient funding and customer or investor interest.
- Proof of Funds: The petitioner failed to provide adequate evidence of the availability of the initial investment funds required for her business plan. The appraisal reports of real estate properties did not specify ownership or the ability to convert them to cash in the necessary timeframe.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to establish a company in the United States that provides technical education, IT consulting services, and professional profile mapping. The business plan projects significant employment and revenue growth within five years.
Substantial Merit and National Importance:
The proposed endeavor is recognized for its potential to contribute significantly to the IT industry in the United States. The petitioner’s business plan projects employment for 36 individuals and revenues exceeding $3.9 million within five years.
Supporting Evidence:
The petitioner provided a detailed business plan and documentation of her educational and professional background. However, the lack of immediate availability of investment funds and interest from potential customers or investors undermined the support for her positioning to advance the endeavor.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the lack of evidence demonstrating the availability of the initial investment funds required for the business plan. The petitioner’s documentation did not sufficiently address this crucial aspect.
Supporting Documentation
Letters of Intent:
The petitioner did not provide letters of intent from potential customers or investors, which affected the evaluation of her positioning to advance the proposed endeavor.
Business Plan:
The business plan detailed the proposed company’s services, projected growth, and financial projections. However, it lacked concrete evidence of the availability of necessary funds and customer interest at the time of filing.
Advisory Letter:
Not applicable. No advisory letters were provided to support the petitioner’s case.
Other Supporting Documentation:
The petitioner provided appraisal reports of real estate properties in Brazil as evidence of potential funding. However, these reports did not specify ownership or immediate convertibility to cash, which weakened their credibility as proof of available funds.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not sufficiently demonstrate her positioning to advance the proposed endeavor, particularly in terms of securing necessary funding and customer interest. Consequently, the national interest waiver was not justified, leading to the denial of the petition.
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