Date of Decision: March 25, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Analysis
Petitioner Information
Profession: Financial Analyst
Field: Financial Analysis
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Not Clearly Defined in the Document: The Petitioner submitted additional documentation and a brief asserting her eligibility for a national interest waiver. The Director concluded that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree based upon her foreign equivalence of a U.S. bachelor’s degree combined with her work experience in the field.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The Petitioner did not provide sufficient evidence to demonstrate she is well-positioned to advance her proposed endeavor. Although the Petitioner submitted an “Evaluation of Training, Education, and Experience,” it did not establish that her education alone meets the requirements. The provided employment letter did not establish that her experience was progressive.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The evidence provided did not sufficiently demonstrate the national interest in her contributions. The Petitioner’s statements did not offer sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue working in her field of financial analysis in the United States. Her goal was to contribute to this field through her work and publications.
Substantial Merit and National Importance:
The Petitioner’s proposed endeavor was recognized for its potential contributions to financial analysis. However, the record did not demonstrate that her proposed endeavor stands to impact U.S. interests or the financial industry more broadly at a level commensurate with national importance.
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 United States by enhancing the body of knowledge in financial analysis. 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, and an employment letter. However, these documents did not adequately demonstrate her ability to significantly impact her field. The letter from her former employer listed her job title, salary, and duties but did not establish that her experience was progressive.
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 in the field of financial analysis.
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 former employers, which outlined her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The Petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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