Date of Decision: FEB. 24, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Advisory
Petitioner Information
Profession: Financial Advisor
Field: Financial Advisory
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Director acknowledged the substantial merit of the Petitioner’s proposed endeavor.
Advanced Degree: The Petitioner was recognized as a member of the professions holding an advanced degree.
Criteria Not Met:
National Importance: The Director and the appellate body concluded that the Petitioner did not establish the national importance of her proposed endeavor as required under the first prong of the Dhanasar framework.
Broader Implications: The Petitioner failed to demonstrate that her specific endeavor had broader implications beyond her company and clientele that would impact the industry or field on a national level.
Key Points from the Decision
National Importance Analysis: The Director’s decision thoroughly reviewed the Petitioner’s national importance claims, including industry reports and articles on the value of financial workers, the Petitioner’s job experience and skills, and her business ownership.
Focus on Specific Endeavor: The review emphasized that the importance of the industry or profession is not the primary concern, but rather the specific endeavor proposed by the foreign national and its broader implications.
Proposed Endeavor:
The Petitioner proposed to offer her services as a financial advisor, claiming that her work would generate substantial ripple effects on key commercial and business activities in the United States and contribute to the country’s gross domestic product.
Substantial Merit and National Importance:
Director’s Conclusion: While acknowledging the substantial merit of the Petitioner’s endeavor, the Director concluded that the endeavor did not extend beyond the Petitioner’s own company and clientele to impact the industry or field more broadly at a level of national importance.
Supporting Evidence:
The Petitioner provided documentation and updated evidence relating to her business, including industry reports and articles, her job experience, and her company’s operations in Florida.
Inconsistencies in Proposed Endeavor:
Broader Implications: The Petitioner’s proposed endeavor was found not to sufficiently extend beyond her own business to impact the broader industry or field at a national level.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: The Petitioner’s business operations in Florida were discussed but did not demonstrate national importance.
Advisory Letter: Not specifically mentioned.
Other Supporting Documentation: Included industry reports and articles, job experience, and skills documentation.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not establish the national importance of her specific endeavor, failing to demonstrate its broader implications and significant potential to impact the industry or field at a national level.
