Date of Decision: February 27, 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 and Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Qualification for EB-2 Visa Classification: The petitioner demonstrated qualification as a member of the professions holding an advanced degree.
- Well-Positioned to Advance Proposed Endeavor: The petitioner has sufficient experience and credentials in financial management, supported by a comprehensive business plan and professional references.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that his consulting platform would impact the regional or national population at a level consistent with national importance.
- Benefits to the United States: The record did not support that the economic contributions of the petitioner’s company would significantly benefit the national economy.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to initiate a consulting platform aimed at enhancing financial management for entrepreneurs and businesses, which includes training and strategic planning support.
Substantial Merit and National Importance:
The endeavor was deemed of substantial merit but failed to demonstrate national importance sufficiently. The appeal focused on whether the petitioner’s business would significantly impact the financial management field on a national scale.
Supporting Evidence:
The evidence included academic credentials, professional references, and a detailed business plan. However, the evidence was not compelling enough to demonstrate the endeavor’s national importance.
Inconsistencies in Proposed Endeavor:
The USCIS found inconsistencies in how the proposed endeavor would impact the national economy significantly, questioning the scalability and broader economic contributions of the petitioner’s business plan.
Supporting Documentation
Business Plan: Detailed plans for operational strategies and impact metrics were provided but lacked convincing evidence of national benefit.
Letters of Intent: Letters from prospective clients and business associates supported the personal qualifications of the petitioner but not the broader economic impact.
Conclusion
Final Determination: The appeal was dismissed, with the decision reaffirming that the petitioner, while qualified in terms of professional background and well-positioned to advance his endeavor, did not meet the national interest criteria as required for the waiver.
Reasoning:
The appeal failed primarily due to the insufficient demonstration of the proposed endeavor’s impact on national interests and its potential contributions to the U.S. economy.
