Date of Decision: January 8, 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
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Prong 2 of Dhanasar (Well-positioned to advance the proposed endeavor): Supported by a reference letter illustrating progress towards achieving the proposed endeavor.
Criteria Not Met:
- Prong 1 of Dhanasar (Substantial merit and national importance): The endeavor’s importance was not sufficiently established as impacting beyond the immediate business environment to have national implications.
- Prong 3 of Dhanasar (On balance, it would be beneficial to waive the job offer requirement): Not addressed due to failure in meeting the first prong.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue his career in financial management, specifically aiding small businesses.
Substantial Merit and National Importance:
The decision noted that while small businesses significantly contribute to the economy, the petitioner’s specific activities did not demonstrate an impact that extends beyond his immediate business contacts to influence the broader economic sector.
Supporting Evidence:
The evidence reviewed included a Definitive Statement, business plan, and a reference letter. These documents failed to convince that the proposed business activities had broader implications for the industry or field.
Inconsistencies in Proposed Endeavor:
No explicit inconsistencies were noted in the proposed endeavor; however, the evidence provided did not substantiate the claims of national importance or substantial economic effects.
Supporting Documentation
Business Plan:
The plan detailed the petitioner’s business operations but did not demonstrate industry-wide impact or significant contribution to national economic interests.
Conclusion
Final Determination:
The USCIS reaffirmed the denial of the national interest waiver, concluding that the petitioner did not convincingly demonstrate that his endeavors had substantial merit and national importance. The additional evidence and reconsideration requested did not alter the outcome of the initial decision.
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