Date of Decision: January 5, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Petitioner Information
Profession: Business and Financial Manager
Field: Finance
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Criterion 1: Substantial Merit and National Importance
The Petitioner did not provide sufficient evidence that his proposed endeavor has substantial merit and national importance. His proposed work as a treasurer and controller for various companies did not demonstrate an impact beyond localized benefits.
Criterion 2: Well-Positioned to Advance the Proposed Endeavor
The Petitioner did not provide consistent evidence to support that he is well-positioned to advance his proposed endeavor. His business activities in the United States did not align with his claimed career as a financial professional.
Criterion 3: Beneficial to the United States to Waive the Job Offer Requirement
The Petitioner failed to prove that waiving the job offer requirement would be beneficial to the United States. His documented activities, such as running a wallpaper business and having a real estate license, did not support the national importance of his claimed financial expertise.
Key Points from the Decision
Awards and Prizes Won:
Not applicable. No significant awards or prizes were documented that would indicate national importance.
Published Materials About the Petitioner:
Not applicable. No published materials were provided to substantiate the Petitioner’s influence or recognition in his field.
Original Contributions of Major Significance:
Not applicable. The Petitioner did not demonstrate original contributions of major significance to the field of finance.
Participation as a Judge:
Not applicable. No evidence was provided of the Petitioner serving as a judge in his field.
Membership in Associations:
Not applicable. There was no documentation of memberships in associations relevant to the Petitioner’s claimed field.
Authorship of Scholarly Articles:
Not applicable. The Petitioner did not provide evidence of scholarly articles authored in his field.
Leading or Critical Role Performed:
Not applicable. The Petitioner’s roles in various companies were not demonstrated to be of critical or leading importance at a national level.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable. The Petitioner did not provide evidence of a high salary or remuneration indicative of national significance.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various documents, including letters of intent to hire, business plans for a wallpaper company, and a real estate sales license. However, these documents did not align with the initial proposed endeavor of working as a financial professional and did not demonstrate national importance.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner failed to meet the “national importance” requirement of the first prong of the Dhanasar framework. His proposed endeavor did not demonstrate substantial merit and national importance, and his evidence did not align with his claimed career goals in finance.
Next Steps:
The Petitioner may consider re-evaluating his proposed endeavor to better align with national interest requirements or seek alternative immigration pathways that match his documented activities and business ventures.
