Date of Decision: February 2, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Operations
Petitioner Information
Profession: Financial Operations Director
Field: Financial Operations
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet any of the required criteria.
Criteria Not Met:
Substantial Merit: The Petitioner did not establish that her proposed endeavor had substantial merit.
National Importance: The Petitioner did not sufficiently demonstrate that her proposed endeavor has national importance.
Key Points from the Decision
Proposed Endeavor
The Petitioner initially intended to continue her career in the United States as a Financial Operations Director, enhancing the financial capabilities, profitability, and customer portfolio of organizations. She later shifted her proposed endeavor to the operation of a management consulting company that provides comprehensive consulting services to financial institutions, focusing on improving services offered to international, mostly Brazilian, investors.
Substantial Merit and National Importance:
The endeavor to work as a Financial Operations Director and operate a consulting company was not found to have substantial merit or national importance. The evidence provided did not sufficiently demonstrate how the Petitioner’s work would impact the U.S. economy or broader U.S. interests on a national level.
Supporting Evidence:
The Petitioner submitted letters from former employers and a business plan for her consulting company. However, these documents highlighted general business activities rather than establishing the broader national impact of her proposed activities.
Inconsistencies in Proposed Endeavor
The Petitioner’s proposed endeavor included various roles and services that were not clearly defined or consistently described. The shift from working as a Financial Operations Director to operating a consulting company introduced new facts that were not part of the original filing, constituting a material change.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan described services to U.S. clients for business process improvement and management but lacked specific details on the broader impact of these services.
Advisory Letter:
Not applicable.
Any other supporting documentation:
The record included letters from former employers and a business plan but did not connect these to the Petitioner’s specific proposed contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to establish that her proposed endeavor had substantial merit and national importance. The record lacked detailed information on how her work would produce substantial positive effects or broader impacts at a national level. Additionally, the material change in the proposed endeavor during the appeal process further weakened the petition. Without meeting the national importance criterion, the petition failed to justify a national interest waiver.
Download the Full Petition Review Here
