Date of Decision: January 25, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Project Management in Environment and Town Planning
Petitioner Information
Profession: Project Management Specialist
Field: Environment and Town Planning
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated substantial merit through proposed project management solutions addressing urban and environmental issues in U.S. cities.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that the proposed endeavor had national importance. The appeal was dismissed on this ground without further evaluation of the other criteria.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to utilize over 20 years of experience to provide strategic solutions to urban and environmental challenges in the U.S., focusing on improving public welfare and economic growth.
Substantial Merit and National Importance:
Despite acknowledging the substantial merit of the petitioner’s endeavors in project management, the Acting Director determined that these efforts did not demonstrate national importance, as required under the Dhanasar framework.
Supporting Evidence:
The petitioner provided extensive documentation, including recommendation letters, an expert opinion letter, and evidence of past successful projects. However, this was deemed insufficient to demonstrate national importance.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies in the proposed endeavor were highlighted; the denial was primarily due to the failure in establishing its national importance.
Supporting Documentation
Letters of Intent: Not specifically mentioned or lacking
Business Plan: Not provided, which negatively impacted the petitioner’s ability to demonstrate the practical implementation and broader impact of his endeavor.
Advisory Letter: Included but not detailed in the summary provided.
Other Supporting Documentation: Included past project examples and government initiative references, which were not directly tied to the proposed endeavor’s impact.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not satisfactorily demonstrate that his proposed endeavors had national importance. The decision primarily hinged on this criterion, and thus the other aspects of the Dhanasar framework were not fully evaluated.
Reasoning:
The lack of a detailed business plan and insufficient evidence of potential national impact were critical in the decision to dismiss the appeal.
