Date of Decision: December 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Advisory and International Business Consulting
Petitioner Information
Profession: Legal Advisor
Field: Legal Advisory, International Business Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate the national importance of his proposed endeavor.
- Beneficial Waiver: The petitioner did not sufficiently prove that waiving the job offer requirement would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a foreign legal adviser and international business consultant to U.S. companies, specifically focusing on public law and public affairs in Brazil. His work plan included facilitating cross-border transactions and corporate investments between the U.S. and Brazil.
Substantial Merit and National Importance:
While the petitioner’s work in legal advisory and international business consulting has substantial merit, the evidence did not show that his proposed endeavor had broader national or global implications. The Director noted that the petitioner’s proposed activities were valuable to his future employers and clients but did not extend sufficiently beyond to impact the field or the U.S. economy more broadly.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted a business plan for his company, advisory evaluation letters, and a report on Brazil’s priority transportation projects. However, this documentation did not demonstrate the national importance of the petitioner’s specific proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential prospective impact of his proposed endeavor. The motion to reconsider did not provide sufficient new arguments to establish errors in the prior decision.
Supporting Documentation
Letters of Intent: Provided but not sufficiently detailed to support the claim of national importance
Business Plan: Provided, including market analyses, business strategies, financial forecasts, and projections, but insufficient to demonstrate substantial economic benefits
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance
Other Supporting Documentation: Included a report on Brazil’s priority transportation projects and advisory evaluation letters, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that his proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The motion to reconsider was dismissed due to insufficient new evidence and failure to demonstrate errors in the previous decision.
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