Date of Decision: January 18, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Law
Petitioner Information
Profession: Legal Consultant
Field: Tax, Civil, Business, and Environmental Law
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of the Proposed Endeavor: Demonstrated the substantial merit of her legal consulting services, particularly in offering corporate business advisory services, legal consulting with an emphasis on tax law, and customs consulting for international trade activities.
Criteria Not Met:
- National Importance: Failed to demonstrate the national importance of her proposed endeavor. The evidence did not sufficiently show that her legal consulting firm’s impact would be significant on the U.S. economy or the legal field at a scale commensurate with national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to establish a legal consulting firm in Florida, offering services to foreign companies expanding to the U.S. and to U.S. companies expanding to Brazil and other Latin American countries.
Substantial Merit and National Importance:
The petitioner showed the substantial merit of her services but failed to adequately establish their national importance. The evidence provided did not convincingly demonstrate that the proposed legal consulting services would have a significant impact on the U.S. economy or its legal sector.
Supporting Evidence:
Included a professional plan, business plan, and updated responses to RFEs and NOIDs. Articles and reports on U.S.-Brazil trade relations and the legal services industry supported the substantial merit of her proposed endeavor.
Inconsistencies in Proposed Endeavor:
The USCIS found the petitioner’s claims regarding the national impact of her endeavor to be unsupported by detailed evidence or sufficient correlation with the proposed activities.
Supporting Documentation
Letters of Intent: Not specifically mentioned, but similar documents indicated potential client interest without detailed projections.
Business Plan: Detailed the operational strategy and financial forecasts of the proposed legal consulting firm.
Advisory Letter: Included an expert opinion that broadly supported the substantial merit but lacked specific insights into the proposed endeavor’s national importance.
Conclusion
Final Determination: The appeal is denied due to insufficient demonstration of the national importance of the petitioner’s proposed endeavor.
Reasoning: The evidence provided did not substantiate the claim that the petitioner’s legal consulting firm would have a substantial positive economic effect or national importance as required under the first prong of the Dhanasar framework.
