Date of Decision: FEB. 13, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development
Petitioner Information
Profession: Software Developer
Field: Information Technology
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualifications: The Petitioner qualifies as a professional with a bachelor’s degree and equivalent experience to a master’s degree.
Criteria Not Met:
- National Importance: The proposed endeavor’s national importance was not convincingly established despite claims of substantial economic contributions.
Key Points from the Decision
Proposed Endeavor:
The venture involves the creation of an Information Technology Consulting company specializing in software development in Florida.
Substantial Merit and National Importance:
While the endeavor has substantial merit in terms of technical contributions, the claim of national importance due to limited size and impact was not persuasive. No substantial evidence showed broader economic or societal benefits.
Supporting Evidence:
Letters from previous associates acknowledged the Petitioner’s technical skills but did not sufficiently support the national importance or potential success of the endeavor.
Inconsistencies in Proposed Endeavor:
The lack of detailed plans and unclear projections weakened the case for national importance, focusing more on general benefits rather than specific, measurable impacts.
Supporting Documentation
Business Plan:
Highlights an initial investment with modest growth projections, expecting to employ three people within five years.
Letters of Intent:
General support from previous colleagues, lacking specificity on the proposed endeavor’s direct impacts or benefits.
Conclusion
Final Determination:
The appeal is denied due to insufficient evidence that the proposed endeavor holds national importance and that the Petitioner is well-positioned to advance this endeavor. The decision primarily rests on the absence of a demonstrated substantial impact and the Petitioner’s unverified capabilities to manage the proposed business effectively.
Reasoning:
The denial emphasizes the need for a more concrete demonstration of national impact and personal capability to undertake and succeed in the proposed endeavor beyond mere qualifications.
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