Date of Decision: September 26, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: Business Administrator
Field: Business Management, Administration, Entrepreneurship
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that the proposed endeavor, which included providing consulting services in business administration and management, had substantial merit.
Criteria Not Met:
- National Importance: The petitioner did not establish that the proposed endeavor was of national importance. The details provided did not sufficiently demonstrate that the proposed business activities would have a significant impact on a national level.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show that she was well-positioned to advance her proposed endeavor. Despite her experience as a business manager, the shift to entrepreneurship and consulting services was not convincingly supported by her prior experience or submitted documentation.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to demonstrate that waiving the labor certification requirement would be beneficial to the United States. The evidence did not sufficiently show that her contributions would justify such a waiver.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to establish a consultancy, assistance, and training office in corporate administrative management aimed at serving educational institutions and small businesses. Her goal was to provide services in areas such as competence mapping, identification of skills gaps, recruitment and selection, and corporate governance.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit in the field of business administration. However, it did not meet the criteria for national importance, as the petitioner did not convincingly demonstrate how her services would significantly impact the U.S. economy or broader national interests.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her consultancy would create jobs and provide valuable services to small businesses and educational institutions. However, she did not provide sufficient evidence to show that these contributions would justify waiving the labor certification process. The appeal was ultimately dismissed due to the failure to meet this criterion.
Supporting Evidence:
The petitioner submitted a business plan, letters of intent, and a resume outlining her experience. However, these documents did not adequately demonstrate her ability to make a significant impact in the field or to justify the national interest waiver.
Inconsistencies in Proposed Endeavor:
The petitioner’s initial application described a different proposed endeavor, focusing on working as a business manager. The subsequent introduction of an entrepreneurial endeavor in the response to the Request for Evidence (RFE) was seen as a significant change rather than a clarification, which weakened the overall case.
Supporting Documentation
Letters of Intent:
Provided, but did not sufficiently support the claim of national importance.
Business Plan:
Submitted, but the proposed business activities did not clearly align with the national interest criteria.
Advisory Letter:
Included, but not detailed enough to establish the necessary impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor was of national importance or that she was well-positioned to advance it. Additionally, the evidence provided did not justify waiving the labor certification requirement.
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