Date of Decision: September 15, 2021
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Classification as a Member of the Professions Holding an Advanced Degree: The petitioner qualified for this classification.
Criteria Not Met:
- National Importance of Proposed Endeavor: The petitioner did not sufficiently demonstrate the national importance of her proposed endeavor under the first prong of the Dhanasar framework.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence showing she was well-positioned to advance her proposed endeavor.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to establish that waiving the labor certification requirement would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as a financial manager. Her responsibilities included maintaining financial records, overseeing audits, managing the finance team, and communicating financial status reports. She aimed to help her company reach profitability and manage investments for maximum returns.
Substantial Merit and National Importance:
While the petitioner’s work as a financial manager was important, she did not demonstrate that her proposed endeavor would have a broad enough impact to meet the national importance criterion. The endeavor needed to have implications beyond her employer and future clientele to influence the field of financial management or the U.S. economy at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her financial management skills would benefit the U.S. economy. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted an October 2018 job offer letter, a letter from her employer, and an application letter to the president of her company outlining her strategic plans. These documents did not adequately demonstrate her ability to impact the field of financial management significantly.
Inconsistencies in Proposed Endeavor:
The documentation did not clearly show that the petitioner’s work had been widely adopted or recognized in the financial management field.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but did not sufficiently support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised her work but did not demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed endeavor had national importance, that she was well-positioned to advance it, or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support her claims.
