Date of Decision: FEB. 15, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Management Consulting
Petitioner Information
Profession: Financial Management Consultant
Field: Financial Management Consulting
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Proposed endeavor has substantial merit: The Director acknowledged the merit in financial management consulting.
- Well-positioned to advance the proposed endeavor: The petitioner’s extensive experience and knowledge in financial management were recognized.
Criteria Not Met:
- National importance of the proposed endeavor: The petitioner failed to convincingly demonstrate that her financial management consulting firm would impact the national economy or U.S. societal welfare at a significant level.
- Potential to significantly employ U.S. workers or other substantial economic benefits: The projections provided were deemed insufficient to establish substantial positive economic effects for the nation.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to open a financial management consulting, advisory, and training office headquartered in Florida, offering various professional services.
Substantial Merit and National Importance:
While the endeavor is meritorious, it lacks sufficient national importance. The decision emphasized the need for more concrete evidence of the proposed firm’s broader implications for the industry and the national economy.
Supporting Evidence:
The business plan and letters of support were considered but found inadequate in proving the national importance and potential economic impact.
Inconsistencies in Proposed Endeavor:
The projections for revenue and employment growth were not supported by detailed justifications or evidence, leading to questions about their feasibility.
Supporting Documentation
Business Plan:
Detailed but lacked convincing evidence on financial forecasts and employee need, which impacted the decision negatively.
Expert Opinion Letter:
Provided by a professor of finance supporting the national importance of the petitioner’s work, but was critiqued for lacking depth and corroboration.
Conclusion
Final Determination:
The appeal was dismissed due to the failure to meet the first prong of the Dhanasar framework concerning national importance. The lack of substantial evidence supporting the proposed endeavor’s significant impact on the U.S. economy and employment levels was decisive.
Reasoning:
The decision rested on the insufficient demonstration of the endeavor’s potential to influence the national economy significantly, as well as a lack of detailed supporting evidence for the petitioner’s claims.
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