Date of Decision: FEB. 15, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Sound Engineering
Petitioner Information
Profession: Sound Engineering Technician
Field: Sound Engineering
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its merit in providing free music education and training, demonstrating potential social benefits.
Criteria Not Met:
- Well Positioned to Advance: The record lacked evidence that the petitioner’s past achievements and current capabilities position him effectively to succeed in his proposed endeavor.
- National Importance: The appeal failed to establish how the proposed music studio and production company would have significant national implications or substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The petitioner planned to operate a music studio and production company in Georgia, intending to provide free professional training and music education to underprivileged groups.
Substantial Merit and National Importance:
While the endeavor was deemed to have substantial merit, it did not satisfy the national importance criteria due to its limited scope and regional focus.
Supporting Evidence:
Evidence included a business plan and affidavits detailing the petitioner’s industry experience and intentions to employ local staff and provide community services.
Inconsistencies in Proposed Endeavor:
The business plan contained unrealistic financial projections and operational expectations, casting doubt on the feasibility of the proposed endeavor.
Supporting Documentation
Business Plan:
Outlined the structure and financial forecasts of the music studio, criticized for unrealistic growth projections and lack of competitive analysis.
Advisory Letter:
Not specifically mentioned, but general supporting documents did not sufficiently demonstrate the petitioner’s capability to realize the proposed benefits.
Conclusion
Final Determination:
The petitioner failed to convincingly argue the national importance of the proposed endeavor and demonstrate his qualifications to effectively lead the initiative. Consequently, the appeal was dismissed.
Reasoning:
The decision emphasized the lack of substantive, realistic evidence supporting the national significance and personal readiness for the proposed business, leading to the dismissal of the appeal.
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