Date of Decision: February 24, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Analysis
Petitioner Information
Profession: Legal Analyst
Field: Legal Analysis
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Director acknowledged that the proposed endeavor had substantial merit.
- Well-Positioned to Advance: The petitioner’s education and experience were recognized.
Criteria Not Met:
- National Importance: The proposed endeavor was not found to have national importance.
- On Balance Beneficial: The petitioner failed to demonstrate that waiving the job offer requirement would be beneficial to the U.S.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to work as a legal analyst, providing expert advice to law firms, businesses, and corporations, focusing on the legal landscape and business environments of Brazil, as well as advising on international laws and creating a smooth transition for U.S. entities doing business in Brazil.
Substantial Merit and National Importance:
The Director found the endeavor had substantial merit but did not establish national importance. The petitioner’s work did not show implications beyond his employer and clients at a level sufficient to demonstrate national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Director concluded that the petitioner had not shown that his work would offer broader implications or significant potential to employ U.S. workers or have substantial positive economic effects.
Supporting Evidence:
The petitioner provided letters of recommendation, an industry report, and articles. However, these documents mostly discussed past work in Brazil and did not sufficiently address the proposed endeavor’s national importance in the U.S.
Inconsistencies in Proposed Endeavor:
The petitioner presented new facts on appeal, such as rebuilding small U.S. businesses impacted by COVID-19, which were inconsistent with the original filing and therefore could not be considered.
Supporting Documentation
Letters of Intent:
- The letters primarily addressed the petitioner’s past work in Brazil rather than the proposed endeavor in the U.S.
Business Plan:
- Not specifically mentioned or applicable.
Advisory Letter:
- Generalized support for the petitioner’s capabilities without addressing the national importance of the proposed endeavor.
Any Other Supporting Documentation:
- Industry reports and articles provided did not directly link to the petitioner’s proposed activities in the U.S. or their national importance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that the proposed endeavor has national importance, as required by the Dhanasar framework. The appeal did not meet the necessary evidentiary criteria for granting a national interest waiver.
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