Date of Decision: May 1, 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: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Academic Degree: The petitioner’s academic and training certificates were acknowledged as satisfying this criterion.
- Salary/Remuneration: The submitted pay receipts demonstrated salaries from R$4,144.24 to R$12,858.74, indicating earnings above the average, but the relevance to exceptional ability was questioned.
Criteria Not Met:
- Full-Time Experience: The petitioner failed to credibly document ten years of full-time experience in the financial management field, with discrepancies in employment history.
- License or Certification: No adequate certification for financial management was submitted.
- Professional Association Membership: Failed to show membership in relevant professional associations.
- Recognition for Achievements: Evidence did not demonstrate significant contributions to the field of financial management.
Key Points from the Decision
Proposed Endeavor:
- The petitioner sought a national interest waiver for her work as a financial manager, aiming to benefit the U.S. economy through her expertise.
Substantial Merit and National Importance:
- The substantial merit and national importance of the petitioner’s endeavor were not sufficiently demonstrated, hindering her case.
Supporting Evidence
- The evidence included academic records and pay receipts but lacked compelling support for claims of exceptional ability and significant industry impact.
Inconsistencies in Proposed Endeavor
- There were significant inconsistencies in the petitioner’s employment history, particularly regarding her roles and responsibilities, which undermined her credibility.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Not applicable
Advisory Letter:
Not applicable
Any Other Supporting Documentation:
The submitted documents did not effectively support the petition for NIW.
Conclusion
The appeal was denied. The petitioner did not adequately establish eligibility for EB-2 classification or the national interest waiver due to insufficient evidence and inconsistencies in her employment history.
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