Date of Decision: February 28, 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 Planning and Analysis
Nationality: Nigerian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Record and Experience: Petitioner demonstrated over 17 years of experience and met educational requirements.
- License or Certification Requirement: Petitioner met necessary certifications for her field.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that her financial management services would impact the financial industry on a national scale.
- Substantial Positive Economic Effects: There was insufficient evidence that the petitioner’s endeavor would offer substantial economic benefits to the U.S.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to offer consulting services to U.S. financial companies, aiming to enhance corporate profits through advanced financial planning and strategic analysis.
Substantial Merit and National Importance:
While the petitioner’s endeavor has substantial merit in terms of skill and experience, it lacks evidence of national importance. The expected impact does not extend significantly beyond immediate clients.
Supporting Evidence:
The petitioner presented her professional plan and highlighted her extensive experience. However, there was a lack of robust evidence supporting the broader economic impact of her services.
Inconsistencies in Proposed Endeavor:
The petitioner’s claim of significant impact on an economically depressed area and potential to employ U.S. workers lacked supporting evidence, undermining her case.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Detailed but failed to demonstrate substantial national economic benefits.
Advisory Letter:
Praises the petitioner’s skills but lacks detail on the broader impact of her work.
Conclusion
The final determination denied the appeal. The petitioner, despite her qualifications and detailed plans, did not convincingly demonstrate the national importance of her endeavor or its potential for significant economic impact.
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