Date of Decision: February 01, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Consulting
Petitioner Information
Profession: Financial Consultant
Field: Financial Technology Consulting
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification as an advanced degree professional: The petitioner has been recognized as qualified under the EB-2 classification.
Criteria Not Met:
- National Importance of Proposed Endeavor: The petitioner failed to demonstrate that her financial consulting business would have a significant impact on national economic interests or contribute substantially beyond her immediate business environment.
- Petitioner’s Position to Advance the Endeavor: Not discussed in detail due to the dispositive nature of the failure on the first criterion.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to establish a Florida-based consulting firm focusing on decentralized finance and digital transformation, aimed at aiding SMEs in financial technology adaptations and maximizing investment benefits.
Substantial Merit and National Importance:
The endeavor was acknowledged to have substantial merit in financial consulting. However, it lacked sufficient demonstration of national importance, as it did not convincingly show potential broad economic impacts or significant contributions to the financial consulting field.
Supporting Evidence:
The petitioner provided a business plan, industry reports, and articles highlighting the need and transformative potential of financial technology consulting for SMEs. However, the evidence was deemed insufficient to support claims of national importance.
Inconsistencies in Proposed Endeavor:
The business plan contained ambitious projections for growth and economic impact but failed to adequately support these claims with tangible evidence or detailed explanations.
Supporting Documentation
Business Plan:
Outlined the company’s activities and projected impacts, including job creation and revenue generation, but lacked convincing, detailed substantiation for these projections.
Conclusion
Final Determination:
The appeal was dismissed based on the inability to establish the national importance of the proposed financial consulting endeavor. The decision emphasized the need for more substantial evidence and detailed justifications for claims related to economic impact and industry influence.
Reasoning:
The focus was on the endeavor’s specific potential impacts rather than the general importance of the industry. The petitioner did not convincingly demonstrate how her business would significantly impact the U.S. economy or lead advancements within the financial consulting sector.
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