Date of Decision: January 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Analysis
Petitioner Information
Profession: Financial Specialist
Field: Financial Analysis
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Advanced Degree Holder – The petitioner holds an advanced degree relevant to the field of financial analysis.
Criteria Not Met:
Criterion 1: National Interest – The petitioner did not convincingly establish that the waiver of the job offer is in the national interest.
Criterion 2: Impact Beyond Immediate Job – The petitioner failed to demonstrate how the proposed endeavor has broader implications beyond immediate benefit to employers and customers.
Key Points from the Decision
Proposed Endeavor:
The petitioner initially proposed an endeavor in financial analysis aimed at benefiting employers and customers, which was later materially altered in response to a request for evidence.
Substantial Merit and National Importance:
The decision observed a lack of clear demonstration of how the petitioner’s financial analysis work carries substantial merit and national importance beyond immediate commercial benefits.
Supporting Evidence:
The petitioner submitted a business plan and other documents, which were not adequately analyzed according to USCIS, contributing to the denial.
Inconsistencies in Proposed Endeavor:
Notable inconsistencies were observed in the petitioner’s proposed activities, particularly changes made after receiving a request for evidence, which undermined the credibility of the original proposal.
Supporting Documentation
Business Plan:
The business plan was referenced, but the decision indicated it failed to substantiate the national importance and broader implications of the proposed financial analysis endeavor.
Conclusion
Final Determination:
The motion to reopen and reconsider the denial of the EB-2 NIW was dismissed due to insufficient evidence to overturn the original findings and failure to demonstrate national interest.
Reasoning:
The appeal failed to address specific findings or errors in the previous decision, making only vague assertions about evidence being disregarded, which did not meet the burden of proof required for reconsideration.
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