Date of Decision: April 24, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship
Petitioner Information
Profession: Entrepreneur
Field: Medical Device Sales and Distribution
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner demonstrated experience and qualifications as an entrepreneur and trade representative in the medical device industry.
Criterion 2: The Petitioner provided a detailed business plan and letters of recommendation supporting his expertise and proposed business venture.
Criteria Not Met:
Criterion 1: The Petitioner did not establish the national importance of his proposed endeavor.
Criterion 2: The Petitioner failed to provide sufficient evidence that his business would have a substantial positive economic impact or broader significance in the medical services industry.
Key Points from the Decision
Proposed Endeavor
The Petitioner proposed to establish a medical device sales and distribution company with operations in Florida and Ohio, aiming to generate jobs and revenue through this venture.
Substantial Merit and National Importance:
The Petitioner did not sufficiently demonstrate that his business would have substantial merit and national importance. The business plan and other supporting documents lacked the necessary detail to establish the projected economic and employment impacts credibly.
Supporting Evidence:
The Petitioner provided a business plan, letters of recommendation, and industry reports. However, the evidence did not convincingly support the claims of national importance and substantial positive economic effects.
Inconsistencies in Proposed Endeavor:
The business plan’s projections for job creation and revenue were not substantiated with credible evidence. The absence of the IBIS world report, which was cited as a basis for financial projections, undermined the reliability of the estimates.
Supporting Documentation
Letters of Intent:
The letters of recommendation, mostly from the Petitioner’s professional associates, praised his technical expertise and business acumen but did not establish the national importance of his proposed business.
Business Plan:
The business plan projected significant job creation and revenue but lacked a credible basis for these projections, as critical supporting documents were not provided.
Advisory Letter:
The advisory letters highlighted the Petitioner’s role in the medical device industry but did not provide detailed evidence of the national significance of his proposed endeavor.
Any other supporting documentation:
The industry reports and articles submitted focused on the general importance of small businesses and entrepreneurship but did not specifically address the national importance of the Petitioner’s proposed business.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner failed to establish that his proposed endeavor has national importance, a key requirement under the Dhanasar framework. Consequently, he does not qualify for a national interest waiver.
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