Date of Decision: June 9, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Management
Petitioner Information
Profession: Chief Financial Officer
Field: Financial Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner demonstrated qualification as an advanced degree professional by providing evidence of a degree in financial management.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to show that her proposed endeavor had national importance. While her work in financial management was recognized, the documentation did not clearly demonstrate the broader impact of her work on the U.S. financial sector or economy.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show she was well-positioned to advance her proposed endeavor. The submitted documents did not convincingly demonstrate her capacity to significantly influence or advance the field of financial management.
Key Points from the Decision
Proposed Endeavor: The petitioner proposed to continue her career in the United States as a Chief Financial Officer (CFO), offering her expertise to help U.S. companies achieve financial health and growth. She planned to develop and implement financial plans, create opportunities for growth, and develop projects to realize that growth.
Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its potential merit due to its focus on financial management. However, the documentation did not show that her work had broader implications that would significantly impact the U.S. financial sector at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process: The petitioner argued that her work would contribute to the U.S. financial sector by enhancing financial health and growth for companies. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted her curriculum vitae, academic credentials, letters of support, and documentation of her professional achievements. These documents demonstrated her involvement in the field of financial management. However, the evidence did not sufficiently show that her contributions would have a substantial positive impact on the U.S. financial sector or economy.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that her proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
