Date of Decision: APR. 03, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Executive
Petitioner Information
Profession: Financial Executive
Field: Financial Management and Investment
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Proposed Endeavor Description: The petitioner described his proposed duties as a financial executive, including supporting innovation, developing and delivering agile strategies, driving long-term growth, managing cash management, and handling mergers and acquisitions.
Substantial Merit: The petitioner’s proposed endeavor was recognized to have substantial merit.
Criteria Not Met:
National Importance: The petitioner did not sufficiently demonstrate that his proposed endeavor has national importance. His proposed financial management activities did not show a significant potential to employ U.S. workers or provide substantial positive economic effects.
Advancement Positioning: The petitioner did not establish that he was well-positioned to advance the proposed endeavor or that waiving the job offer requirement would benefit the United States.
Key Points from the Decision
The petitioner presented new facts and evidence related to his endeavor and the prospective economic benefits to the U.S. economy. However, the additional evidence provided did not sufficiently demonstrate the national importance of his proposed endeavor.
Proposed Endeavor
The petitioner intends to provide strategic financial advice, feasibility analysis, and implementation actions for planning, directing, and coordinating investments in small, medium, and large industrial businesses in the United States. The focus is on building or expanding factories, warehouses, distribution centers, research and development centers, and correlated systems and technologies. Additionally, the endeavor aims to improve efficiency and resiliency in logistics, supply chain, and manufacturing operations, generating direct and indirect jobs, higher sales, profitability, and cash flow.
Substantial Merit and National Importance:
The endeavor’s merit was recognized, but it did not meet the threshold for national importance. The petitioner did not demonstrate that his specific proposed endeavor has significant potential to employ U.S. workers or otherwise offer substantial positive economic effects for the nation.
Supporting Evidence:
The petitioner submitted articles from local internet news sites about investments made by his former employers based on his financial advice, a new recommendation letter, an employment outlook survey, an executive order on America’s supply chains, and a fact sheet on domestic clean energy manufacturing. However, this evidence was not sufficient to establish the national importance of the petitioner’s specific proposed endeavor.
Inconsistencies in Proposed Endeavor
The petitioner did not sufficiently explain his specific undertaking in the United States, leading to difficulties in determining whether the proposed endeavor has substantial merit and national importance. The general claims made by the petitioner were not supported by adequate information and evidence to demonstrate the prospective impact of his proposed endeavor.
Supporting Documentation
Letters of Intent: The petitioner submitted letters of intent, but they did not sufficiently establish the national importance of his proposed endeavor.
Business Plan: The business plan provided did not demonstrate significant potential to employ U.S. workers or offer substantial positive economic effects.
Advisory Letter: The advisory letter included did not add sufficient weight to the petitioner’s claims.
Any other supporting documentation: Other documents submitted were not persuasive in establishing the national importance of the proposed endeavor.
Conclusion
Final Determination: The motion to reopen was dismissed.
Reasoning: The petitioner did not establish the national importance of his proposed endeavor, which is a critical requirement for a national interest waiver under the Dhanasar framework. Further analysis of the second and third prongs was deemed unnecessary.
