Date of Decision: September 29, 2022
Service Center: Nebraska 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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner holds an advanced degree but did not meet the specific requirements for the requested classification.
Criteria Not Met:
Job Offer Requirements: The labor certification did not support the requested advanced degree professional classification.
Ability to Pay the Proffered Wage: The Petitioner did not establish its continuing ability to pay the proffered wage.
Minimum Requirements of the Position: The Petitioner did not demonstrate that the Beneficiary met the minimum requirements of the offered position.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a professional service provider, seeks to employ the Beneficiary as a financial analyst. The proposed endeavor involves providing financial analysis and guidance to support business decisions and strategies.
Substantial Merit and National Importance:
While the field of finance and the role of a financial analyst have substantial merit, the evidence provided was insufficient to demonstrate that the proposed endeavor has national importance. The documentation did not demonstrate broader implications beyond the Petitioner’s business.
Supporting Evidence:
The Petitioner submitted various documents, including a business plan, letters from previous and current employers, and a supplemental statement. However, the evidence primarily focused on the Petitioner’s qualifications and experience rather than demonstrating the national importance of the proposed endeavor. The documentation did not establish broader implications beyond the Petitioner’s business and clients, which is necessary to meet the national importance criterion.
Inconsistencies in Proposed Endeavor:
The Director noted that the Beneficiary’s claimed bachelor’s degree in finance was not sufficiently evidenced. The record included a transcript showing a master’s degree in business analytics but lacked proof of the required bachelor’s degree in finance.
Supporting Documentation
Letters of Intent:
None specified.
Business Plan:
Not applicable.
Advisory Letter:
Advisory letters described the Beneficiary’s expertise but did not establish the national importance of the proposed endeavor.
Any Other Supporting Documentation:
The Petitioner provided additional documentation, including employment letters and academic evaluations, but these did not resolve the inconsistencies in the proposed endeavor or establish the required level of national importance.
Conclusion
The appeal was dismissed because the Petitioner did not establish that the proposed endeavor has national importance, as required by the first prong of the Dhanasar analytical framework. Consequently, the Petitioner did not qualify for a national interest waiver.
