Date of Decision: April 10, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Production Engineering
Petitioner Information
Profession: Production Engineer
Field: Production Engineering
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s proposed business aims to improve industrial production processes, potentially generating significant revenue and employment.
- Well Positioned to Advance: With a bachelor’s in mechanical engineering and over 20 years of experience in production engineering, the petitioner is well-qualified.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that his business would significantly impact the national economy or the production engineering field on a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to establish a production engineering consulting business in the U.S. that would focus on optimizing industrial production processes.
Substantial Merit and National Importance:
While the petitioner’s venture is considered to have substantial merit, he failed to establish its national importance due to insufficient evidence of significant economic impact or advancement in the production engineering field.
Supporting Evidence
The business plan indicates projected employment for 22 people and annual revenues growing to over $1.4 million by the fifth year, which was deemed insufficient to demonstrate national importance.
Inconsistencies in Proposed Endeavor
The appeal highlighted a lack of evidence linking the petitioner’s business operations to a broader impact on national economic or field-specific advancements.
Supporting Documentation
Business Plan:
Details a growth trajectory from 7 to 22 employees over five years with increasing revenue, yet fails to convincingly connect these figures to a broader national benefit.
Conclusion
The appeal was denied. The petitioner did not provide sufficient evidence that his venture would have a significant impact on the national economy or advance the field of production engineering significantly.
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