Date of Decision: January 25, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Reporting
Petitioner Information
Profession: Financial Reporting Analyst
Field: Financial Reporting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Professional Experience: Demonstrated significant experience as a Financial Reporting Analyst.
- Specialized Knowledge: Proven expertise in maintaining receivable accounts and financial analysis.
Criteria Not Met:
- National Importance: Insufficient evidence that the petitioner’s work significantly impacts the U.S. economy or has substantial merit on a national scale.
- Timely Submission of Evidence: Failed to submit crucial supporting documents within the required timeframe.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to work as a Financial Reporting Analyst, focusing on the analysis of booking and collections which is crucial for financial transparency and efficiency.
Substantial Merit and National Importance:
The decision notes the lack of compelling evidence that the petitioner’s contributions are of national importance or that they provide substantial merit to the U.S. in the field of financial reporting.
Supporting Evidence:
Included a job offer and a description of the role’s responsibilities, but failed to align this with the national interest criteria sufficiently.
Inconsistencies in Proposed Endeavor:
Lack of specific evidence tying the petitioner’s proposed work directly to broader economic impacts or national benefits.
Supporting Documentation
Letters of Intent:
Included a job offer letter detailing the position and responsibilities, which highlighted the need for the petitioner’s specific skill set but did not sufficiently establish national importance.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
Additional documentation was either not submitted in a timely manner or lacked relevance to the national interest criteria.
Conclusion
Final Determination:
The motions to reopen and reconsider were dismissed based on the failure to present new facts or correct legal errors in the initial decision. The initial denial of the I-140 petition stands, primarily due to insufficient evidence of national importance and procedural errors in evidence submission.
Reasoning:
The case was ultimately dismissed due to procedural failures and insufficient proof of the proposed endeavor’s impact on national interests.
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