Date of Decision: March 9, 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: Retail Sector
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner holds a foreign equivalent of a bachelor’s degree from Brazil and has over five years of progressive post-baccalaureate experience in the retail sector.
Criteria Not Met:
National Importance: The Petitioner did not provide sufficient evidence to demonstrate that his proposed endeavor would have substantial merit and national importance.
Detailed Description: The Petitioner failed to provide a detailed description of the specific business activities or sectors targeted in his professional plan. The lack of specific plans for establishing a business in the United States or providing consultancy services undermined the claim of national importance.
Key Points from the Decision:
Proposed Endeavor:
The Petitioner’s endeavor involves leveraging his experience in entrepreneurship, business management, and strategic planning to advance the U.S. economy. He aims to provide expert services to U.S. companies, especially those planning international expansion.
Substantial Merit and National Importance:
The proposed endeavor is stated to potentially result in U.S. job creation, tax revenue, development of business partnerships, and new investment opportunities. However, the Petitioner did not provide specific details or evidence of the economic impact of his proposed activities.
Supporting Evidence:
The Petitioner submitted industry reports and an advisory evaluation from a professor, highlighting the importance of immigrant entrepreneurs to the U.S. economy and the potential for U.S. businesses to expand into Brazil. However, this evidence was not aligned with the professional plan submitted to USCIS.
Inconsistencies in Proposed Endeavor
Inconsistencies Noted:
The advisory evaluation described activities not mentioned in the Petitioner’s professional plan, such as starting new ventures in the retail flower industry and attracting Latin American investors. This discrepancy raised questions about the accuracy and reliability of the proposed endeavor.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter:
The advisory letter from a business professor emphasized the potential impact of the Petitioner’s activities but did not align with the professional plan submitted to USCIS.
Other Supporting Documentation: Not provided
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not demonstrate that his proposed endeavor meets the national importance criterion of the Dhanasar framework. Specifically, he failed to provide a detailed and consistent description of his planned activities and the expected economic impact.
