Date of Decision: September 13, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Sales and Entrepreneurship
Petitioner Information
- Profession: Sales Executive and Entrepreneur
- Field: Sales and Entrepreneurship
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, a sales executive and entrepreneur, sought classification under the EB-2 category as an advanced degree professional and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that he was well-positioned to advance his proposed endeavor or that waiving the job offer requirement would be in the national interest. The Administrative Appeals Office (AAO) reviewed and dismissed the appeal.
Key Points from the Decision
- Substantial Merit and National Importance: The petitioner proposed to launch and develop a company providing sales and consulting services to U.S. medical device manufacturers seeking to enter the Brazilian market and to Brazilian businesses looking to export their medical device products to the United States. While the Director acknowledged the substantial merit of addressing medical device and PPE shortages, the AAO did not find sufficient evidence to support the claim that the petitioner’s specific endeavor had national importance. The broader importance of addressing medical device shortages did not necessarily impart national importance to the petitioner’s specific role as a sales consultant and entrepreneur in the medical supply industry.
- Well-Positioned to Advance the Endeavor: The AAO found that while the petitioner had experience and knowledge of the medical supply market in Brazil, the record did not demonstrate that he was well-positioned to advance his proposed endeavor in the U.S. medical devices industry. The petitioner did not provide an adequate business plan, evidence of progress toward achieving his endeavor, or interest from potential customers or business partners in the U.S. The business plan provided by the petitioner included financial and personnel forecasts but lacked detailed explanations and evidence supporting these projections. Additionally, the petitioner’s letters of recommendation focused on his work in Brazil and did not establish his experience or success in the U.S. market.
- Balancing Factors: Since the petitioner did not meet the second prong of the Dhanasar framework, the AAO did not find it necessary to discuss the third prong related to whether waiving the job offer requirement would benefit the United States on balance.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not establish that he was well-positioned to advance his proposed endeavor or that the endeavor had national importance. As a result, he did not qualify for a national interest waiver.
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