Date of Decision: September 20, 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 Services, Cross-Border Commercial Transactions
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed endeavor in financial analysis has substantial merit. His work involves developing business activities and promoting cross-border commercial transactions that could generate substantial revenues for the U.S. economy.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. Although he submitted documentation of his academic credentials, published articles, and letters of support, these did not convincingly demonstrate his capacity to influence or advance the field of financial analysis significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to advance his career as a financial analyst in the financial services industry, focusing on developing business activities and promoting cross-border commercial transactions that will generate substantial revenues for the U.S. economy.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit due to its potential to generate significant economic impact through financial analysis and advisory services. However, the petitioner did not sufficiently establish the national importance of his work.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the U.S. economy by advising on financial investments and cross-border transactions. However, he did not provide enough evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, published articles, letters of support, and a business plan for his proposed company. However, these documents did not adequately demonstrate his ability to significantly impact the field of financial analysis. The letters from colleagues and professionals praised his work but did not provide concrete examples of his research being implemented or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of financial analysis.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but not sufficiently detailed to support the claim of national importance.
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 his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
Download the Full Petition Review Here
