Date of Decision: February 7, 2023
Service Center: Nebraska 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:
None: The petitioner did not meet any of the required criteria.
Criteria Not Met:
Substantial Merit: The Petitioner did not establish the substantial merit of her proposed endeavor. The Petitioner provided generalized information without showing how it reflected on her proposed endeavor.
National Importance: The Petitioner did not sufficiently demonstrate the national importance of her proposed endeavor. The work was limited to her prospective employer, with no evidence of job creation or broader economic impact.
Key Points from the Decision
Proposed Endeavor
The Petitioner initially intended to work as a financial manager, focusing on providing financial and business administration consulting services to a wide array of businesses simultaneously. Later, she mentioned involvement in the distribution of medical products in response to the COVID-19 pandemic.
Substantial Merit and National Importance:
The endeavor to provide financial consulting services was not found to have substantial merit or national importance. The evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the U.S. economy or broader U.S. interests on a national level.
Supporting Evidence:
The Petitioner submitted a professional plan, letters of support from employers, and an intent letter from a financial consulting company. However, these documents did not provide detailed evidence of substantial positive economic effects or broader national impact.
Inconsistencies in Proposed Endeavor:
The Petitioner changed her proposed endeavor after the filing date, initially focusing on financial consulting and later mentioning the distribution of medical products. This change introduced new facts that were not part of the original filing, constituting a material change.
Supporting Documentation
Letters of Intent:
The intent letter from a financial consulting company reinforced the importance of the Petitioner’s expertise but lacked details on the substantial positive economic effects.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The record included letters from employers and a professional plan but did not connect these to the Petitioner’s specific proposed contributions.
Conclusion
Final Determination: The motion to reconsider was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to establish that her proposed endeavor had substantial merit and national importance. The record lacked detailed information on how her work would produce substantial positive effects or broader impacts at a national level. Additionally, the material change in the proposed endeavor during the appeal process further weakened the petition. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
