Date of Decision: December 8, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Management and Real Estate
Petitioner Information
Profession: Financial Manager
Field: Financial Management and Real Estate
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The Petitioner was found to hold the equivalent of a U.S. bachelor’s degree in law, followed by at least five years of progressive experience in real estate and finance, which qualifies her for the EB-2 classification.
Criteria Not Met:
- National Importance: The Petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor—offering consulting services focused on affordable and environmentally sustainable housing—would have a broader impact beyond her immediate business and clients, failing to meet the national importance required by the first Dhanasar prong.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to operate a consulting business in Florida, offering advisory services in real estate and construction, with a focus on affordable and sustainable housing projects.
Substantial Merit and National Importance:
While the Petitioner’s endeavor was recognized as having substantial merit, the appeal was dismissed because the evidence provided did not demonstrate that her business would have broader implications for the U.S. housing market or economy. The claims of creating jobs and promoting sustainable construction were not substantiated with sufficient evidence to support a conclusion that the endeavor would have national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This prong was not analyzed in detail due to the failure to meet the first prong regarding national importance.
Supporting Evidence:
The Petitioner submitted a business plan, articles on affordable housing and sustainable construction, and letters of recommendation, but these were insufficient to establish the required level of national importance or exceptional ability in the field of financial management and real estate.
Inconsistencies in Proposed Endeavor:
The Petitioner’s claims of significant contributions to addressing affordable housing shortages and promoting sustainable construction were not supported by independent evidence, and the articles provided did not specifically relate to the Petitioner’s proposed activities.
Supporting Documentation
Business Plan:
The business plan provided projections for job creation and economic impact but did not demonstrate how these would translate into substantial positive economic effects at a national level.
Articles and Reports:
The Petitioner provided various articles and reports on the importance of affordable housing and sustainable construction, but these did not establish a direct connection to the Petitioner’s proposed endeavor or its potential national impact.
Conclusion
Final Determination: The appeal was denied because the Petitioner did not establish that her proposed endeavor as a financial manager and consultant would have national importance or broader implications in the fields of real estate and construction. The evidence provided was insufficient to demonstrate that waiving the job offer requirement would benefit the United States on a national level.
Download the Full Petition Review Here
