Date of Decision: June 2, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Finance
Petitioner Information
Profession: Financial Analyst
Field: Finance
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary possesses a bachelor’s degree in a relevant field.
The Beneficiary has documented work experience in finance.
Criteria Not Met:
The labor certification question C.9 regarding familial relationships was incorrectly answered “No,” failing to disclose that the Beneficiary is related to the company’s president and two of its owners.
The Petitioner did not establish the existence of a bona fide job opportunity open to U.S. workers due to the undisclosed familial relationship.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a financial analyst, responsible for analyzing financial data, preparing reports, and making recommendations for the multi-family rental and leasing business.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit and national importance in the field of finance, contributing to the effective financial management and growth of the company.
Supporting Evidence:
The supporting evidence included the Beneficiary’s academic credentials, employment letters, and affidavits. Despite this, the evidence did not sufficiently demonstrate a bona fide job opportunity open to U.S. workers, due to the undisclosed familial relationship.
Inconsistencies in Proposed Endeavor:
The primary issue was the misrepresentation regarding the familial relationship between the Beneficiary and the company’s president and two of its owners, which impacted the bona fide nature of the job opportunity.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation: Affidavits and explanations provided on appeal did not sufficiently resolve the misrepresentation issue.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner failed to disclose the familial relationship between the Beneficiary and the company’s president and owners, which constitutes a willful misrepresentation of a material fact. This misrepresentation shut off a line of inquiry relevant to the Beneficiary’s eligibility and the bona fide nature of the job opportunity. As such, the labor certification was invalidated, and the petition was denied. The Petitioner did not establish that a bona fide job opportunity existed, further supporting the decision to dismiss the appeal.
