Date of Decision: FEB. 6, 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 Entrepreneur
Field: Information Technology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Educational Qualifications: Bachelor’s degree in social communication and progressive experience equating to a master’s degree in IT management.
- Proposed Business Plan: The petitioner proposed to establish an IT service providing company in the United States.
Criteria Not Met:
- Substantial Merit and National Importance: The proposed endeavor did not clearly demonstrate national importance beyond the petitioner’s personal business interests.
- National Impact: The documentation provided did not sufficiently demonstrate how the proposed IT business would impact national interests significantly.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to open an IT company to manage computer-related activities for various organizations, focusing on small and medium enterprises in Florida, and later expanding to New York and California.
Substantial Merit and National Importance:
The petitioner’s endeavor was recognized for its business initiative but failed to clearly establish its national importance or its broader economic benefits, such as significant job creation or innovation in the IT sector.
Supporting Evidence:
Included a business plan and expert opinion letters, but lacked sufficient detail on how the proposed activities would fulfill national interests or benefit the U.S. economically on a larger scale.
Inconsistencies in Proposed Endeavor:
The business plan and initial proposal included inconsistent information about the involvement with IT franchises and the specific activities and services the company would provide.
Supporting Documentation
Letters of Intent: Not specifically mentioned beyond general business contacts.
Business Plan: Detailed the company’s goals to provide IT solutions and services, but lacked evidence of substantial positive economic impacts or national importance.
Advisory Letter: Provided general support for the petitioner’s capabilities but did not substantiate the national importance of the endeavor.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence demonstrating that the proposed endeavor holds substantial merit and national importance. The benefits of the endeavor appeared largely confined to the petitioner’s own business and immediate clients.
Reasoning:
The appeal failed primarily on the grounds that the proposed business did not demonstrate how it would significantly impact U.S. national interests or contribute uniquely to the IT sector, as required under the EB-2 NIW criteria.
