Date of Decision: September 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
Petitioner Information
- Profession: Financial Manager
- Field: Financial Management
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, a financial manager, sought classification under the EB-2 category as a member of the professions holding an advanced degree and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that a waiver of the job offer requirement would be in the national interest under the Dhanasar framework. The Administrative Appeals Office (AAO) reviewed and dismissed the appeal.
Key Points from the Decision
- Substantial Merit and National Importance: The petitioner proposed to advance his career as a financial manager by offering services to small and large businesses in the U.S., including accounting, controllership, business restructuring, and internal auditing. The petitioner argued that his services would help businesses reach financial strength and, in turn, contribute to the U.S. economy. However, the AAO found that the petitioner did not provide sufficient evidence to demonstrate the national importance of his proposed endeavor. While the petitioner’s work could benefit individual businesses, the AAO emphasized that there was no evidence showing that his services would have a broader, significant impact on the U.S. economy or financial industry at a national level.
- Supporting Evidence: The petitioner provided letters of recommendation and advisory opinions praising his skills and proposed endeavor. However, the AAO found that these letters lacked specific examples or evidence of how the petitioner’s past work had impacted the financial management field or the broader economy. The AAO also noted that the petitioner’s claims of using “unique” and “innovative” techniques were not substantiated with evidence showing how these techniques would be made available to the industry as a whole.
Conclusion
Final Determination: The appeal was dismissed because the petitioner did not establish that his proposed endeavor had national importance. As a result, he did not qualify for a national interest waiver.
Download the Full Petition Review Here
