Date of Decision: February 22, 2022
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:
Substantial Merit: The endeavor has merit in financial management, providing consulting services to improve U.S. businesses’ profitability.
Qualification as Advanced Degree Professional: The petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
National Importance: The endeavor does not demonstrate national importance as its impact is limited to the petitioner’s prospective employer without broader implications for U.S. employment or economic conditions.
Well Positioned to Advance Endeavor: Insufficient evidence showing how the petitioner’s endeavor would significantly impact the U.S. financial sector beyond individual clients.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work as a financial manager, consulting U.S. companies to improve profitability and business operations, especially for those dealing with Latin America.
Substantial Merit and National Importance:
While the endeavor has merit in helping businesses manage finances, it lacks evidence of national importance due to its limited impact scope.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s contributions, while valuable to individual employers, do not provide substantial positive economic effects that warrant a waiver of the labor certification process.
Supporting Evidence
The petitioner submitted support letters and industry articles; however, they did not sufficiently demonstrate the national importance of the endeavor.
Inconsistencies in Proposed Endeavor:
The Director noted inconsistencies in the petitioner’s proposed roles and the lack of specificity regarding job creation and broader economic impacts.
Supporting Documentation
Letters of Intent:
Support letters asserted the petitioner’s potential contributions but lacked detailed evidence of broader national impact.
Business Plan:
No detailed business plan provided.
Advisory Letter:
Support letters from companies and a managing director claimed the petitioner’s expertise would benefit the U.S. industry but were not substantiated with detailed evidence.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not demonstrate that the proposed endeavor has national importance or meets the requirements for a national interest waiver.
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