Date of Decision: JAN. 18, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Services
Petitioner Information
Profession: Entrepreneur
Field: Financial Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner proposed to provide financial services to institutions which could support economic growth and improve financial operations, considered to have substantial merit.
- Well Positioned to Advance the Proposed Endeavor: Initially deemed well-positioned due to past achievements and a detailed business plan.
Criteria Not Met:
- National Importance: The appeal failed to demonstrate that the proposed services would impact beyond the immediate financial institutions served, lacking broad national importance.
- Well Positioned to Advance the Proposed Endeavor: Upon review, the record did not show sufficient evidence that past successes were directly relevant or that there was significant progress towards actualizing the proposed endeavors.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to optimize investments and support medium and small businesses, improving overall financial operations and decision-making processes.
Substantial Merit and National Importance:
The petitioner’s endeavor was recognized for its potential to positively impact the U.S. economy; however, it was not considered of national importance as its impact was seen as too narrow.
Supporting Evidence:
Evidence included a business plan and letters of recommendation, which were deemed insufficient to demonstrate national importance or substantial progress towards the endeavor.
Inconsistencies in Proposed Endeavor:
There were discrepancies in how the petitioner’s past achievements directly related to the projected success and impact of the proposed financial services.
Supporting Documentation
Business Plan:
Outlined strategies for economic contribution and employment creation but lacked evidence of implementation or broader industry impact.
Advisory Letter:
Highlighted the petitioner’s qualifications and past successes but failed to convincingly tie these to the national importance of the endeavor.
Conclusion
Final Determination: The appeal was dismissed as the petitioner failed to adequately demonstrate that the waiver of the job offer requirement would be in the national interest of the United States. The proposed endeavor, while meritorious, did not meet the critical threshold of national importance required for a national interest waiver.
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