Date of Decision: March 08, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Analysis and Entrepreneurship
Petitioner Information
Profession: Legal Analyst and Entrepreneur
Field: Legal Analysis and Entrepreneurship
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as a Professional with an Advanced Degree: The record supports the Petitioner’s qualification as a professional holding an advanced degree.
Criteria Not Met:
- National Importance of the Proposed Endeavor: The Petitioner did not demonstrate that his proposed endeavor, involving consultancy services in the real estate investment sector, has national importance. The business plan and its potential economic impact were found insufficient to meet the high standards of substantial economic effects required for a national interest waiver.
Key Points from the Decision
Proposed Endeavor:
- The Petitioner plans to offer consultancy services to U.S. and Brazilian clients investing in Florida real estate, guiding them through acquisition and corporate entity formation to optimize investment returns.
Substantial Merit and National Importance:
- The Petitioner’s endeavor was recognized for its substantial merit in terms of contributing to the U.S. economy through consultancy services. However, the endeavor’s national importance was not established, as the economic impact and potential to employ a significant workforce were deemed insufficient.
Supporting Evidence
- The business plan outlines the scope, personnel projections, and financial forecasts but lacks probative evidence to support claims about significant employment or broad economic impacts.
Inconsistencies in Proposed Endeavor
- While the Petitioner highlights the potential for job creation and economic benefits within the real estate industry, the evidence does not substantiate these claims sufficiently to align with the criteria of national importance.
Supporting Documentation
Business Plan:
- Provides detailed financial forecasts and operational plans but falls short in demonstrating a significant economic effect on a national level.
Conclusion
The appeal was denied. The petitioner did not successfully demonstrate that his proposed business consultancy in real estate investment holds national importance. Despite its merit in potentially aiding economic activity, the projected impact does not satisfy the stringent requirements for a national interest waiver under the Dhanasar framework.
