Date of Decision: September 12, 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 Executive
Field: Finance and Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
National Importance: The Petitioner did not sufficiently demonstrate that his proposed endeavor has national importance.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to work as a financial executive in the United States, leveraging his extensive experience and expertise in finance and business management to provide valuable services to U.S. companies. His proposed endeavor includes managing financial operations, strategic planning, and business development.
Substantial Merit and National Importance:
While the Petitioner demonstrated substantial merit in his field, the evidence provided was insufficient to demonstrate that his proposed endeavor has national importance. The Petitioner made general claims about the potential benefits of his work, such as positive impacts on the U.S. GDP and economy, but did not provide specific evidence to support these claims. The documentation did not adequately show that his proposed work would have a significant impact on the U.S. economy or create substantial positive economic effects.
Supporting Evidence:
The Petitioner submitted industry reports and articles discussing the importance of a chief financial officer (CFO), the benefits of international investment and trade, and the impact of exchange rates on operating profits. However, these reports focused on the general importance of the profession rather than the specific impact of the Petitioner’s proposed endeavor. The evidence did not demonstrate that the Petitioner’s work would have a broader impact on the industry or the U.S. economy.
Inconsistencies in Proposed Endeavor:
The Petitioner relied on his experience and prior career accomplishments in Brazil to establish the national importance of his proposed endeavor. However, this did not sufficiently address the specific requirements of the Dhanasar framework. The Petitioner’s claims were broad and lacked the necessary evidence to demonstrate the potential prospective impact of his proposed work in the United States.
Supporting Documentation
Letters of Intent:
None specified.
Business Plan:
Not applicable.
Advisory Letter:
Advisory letters described the Petitioner’s expertise but did not establish the national importance of his proposed endeavor.
Any Other Supporting Documentation:
The Petitioner provided additional documentation, including industry reports and articles, but these did not demonstrate the required level of national importance for his proposed work.
Conclusion
The appeal was dismissed because the Petitioner did not establish that his 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.
