Date of Decision: April 29, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Management
Petitioner Information
Profession: Financial Manager
Field: Financial Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified as a member of the professions holding an advanced degree.
- Professional Capability: Evidence supports the petitioner’s professional qualifications in financial management.
Criteria Not Met:
- National Interest Waiver: The petitioner failed to demonstrate that waiving the job offer and labor certification requirements would be in the national interest.
- Timely Submission of Appeal Evidence: The petitioner misfiled the appeal brief, resulting in a procedural denial.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to work in the United States as a financial manager, potentially impacting economic strategies and financial stability.
Substantial Merit and National Importance:
The decision reiterated the petitioner’s qualifications but emphasized the lack of sufficient evidence that his contributions would have substantial merit and national importance.
Supporting Evidence:
The petitioner provided evidence of qualifications and previous achievements. However, this was deemed insufficient to justify a national interest waiver without the labor certification process.
Inconsistencies in Proposed Endeavor:
A significant inconsistency was noted in the filing process, where the petitioner incorrectly submitted his appeal brief to the wrong service center, undermining his claim.
Supporting Documentation
Letters of Intent:
Not applicable as no specific letters of intent were mentioned.
Business Plan:
Not provided or not applicable.
Advisory Letter:
Not applicable as no advisory letters were included in the appeal.
Any Other Supporting Documentation:
General documentation supported the petitioner’s professional qualifications but lacked specificity in demonstrating national interest.
Conclusion
Final Determination: The appeal was denied due to procedural errors and insufficient evidence that the petitioner’s work would be of national interest. The decision emphasized the importance of proper procedure and the high burden of proof required for a national interest waiver.
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