Date of Decision: JAN. 23, 2024
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: Entrepreneur
Field: Financial Management
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s endeavor to establish a financial management company was found to have substantial merit based on its potential to provide essential services to small and medium-sized businesses.
Criteria Not Met:
- National Importance: The petitioner’s endeavor did not demonstrate a significant prospective impact on the national scale as required. The projected contributions, while beneficial, did not meet the threshold of national importance under current adjudicative standards.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to create a financial management firm offering consulting, advisory services, and training across Florida, targeting small to medium-sized enterprises.
Substantial Merit and National Importance:
While the endeavor was recognized for its substantial merit, it failed to demonstrate national importance. The USCIS found that while supporting small businesses is valuable, the petitioner’s specific endeavor lacked a broader national impact.
Supporting Evidence:
The petitioner provided an array of documents including diplomas, transcripts, employment letters, and a detailed business plan which collectively demonstrated her qualifications and the soundness of her proposed business model.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor, but the lack of a national impact was a pivotal factor in the denial.
Supporting Documentation
Business Plan:
Outlined strategies for financial management consulting and training, aiming to support economic recovery and growth for small businesses in Florida.
Conclusion
Final Determination:
The appeal was dismissed based on the failure to meet the national importance criterion, despite the substantial merit of the proposed financial management company.
Reasoning:
The decision emphasized the requirement for a national impact beyond the immediate service area and potential clientele, which the proposed endeavor did not sufficiently demonstrate.
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