Date of Decision: February 29, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Consultancy
Petitioner Information
Profession: Legal Analyst and Entrepreneur
Field: Legal Consultancy
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner has demonstrated that his endeavor in legal consultancy services has substantial merit.
Criterion 2: The Petitioner has provided a detailed business plan outlining his proposed services and target markets.
Criteria Not Met:
Criterion 1: The Petitioner did not sufficiently demonstrate that his proposed endeavor has national importance. The potential economic impact was not found to be substantial.
Criterion 2: The Petitioner did not provide enough evidence to show how his consultancy services would enhance social welfare beyond his company’s success and its potential clients.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends to expand his current business providing law consultancy services in Florida, offering advisory services to U.S. and Brazilian businesses to promote economic development.
Substantial Merit and National Importance:
The endeavor’s merit was acknowledged; however, it failed to meet the national importance criterion. The Petitioner’s business plan did not demonstrate a prospective impact significant enough to be of national importance.
Supporting Evidence:
The Petitioner provided a business plan, articles, and industry reports. However, these documents lacked specifics on how the endeavor would have a broader national impact.
Inconsistencies in Proposed Endeavor:
The Petitioner’s proposed endeavor was found to be limited in scope and impact, not extending beyond the company’s immediate clientele to have a broader national effect.
Supporting Documentation
Letters of Intent:
Not specified.
Business Plan:
Detailed the legal consultancy services and target markets but did not demonstrate national importance.
Advisory Letter:
Not specified.
Any Other Supporting Documentation:
Generalized descriptions of services without evidence of national impact.
Conclusion
The appeal was dismissed. The Petitioner did not demonstrate that his proposed endeavor meets the national importance criterion as required by the Dhanasar precedent decision.
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