Date of Decision: February 15, 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: International Financial Advisor
Field: Financial Management
Nationality: Mexican
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The record supports the petitioner’s substantial merit in financial management through documentation highlighting the importance of financial services to the U.S. economy.
- Well-Positioned to Advance Endeavor: Demonstrated by the petitioner managing over $200 million in assets and his extensive knowledge of international products and regulatory frameworks.
Criteria Not Met:
- National Importance: The petitioner failed to establish that his proposed financial management activities would have significant implications for the national economy or substantial positive economic effects.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to provide financial advice on investments, asset management, and attract foreign direct investment to enhance U.S. economic activities.
Substantial Merit and National Importance:
While the petitioner’s role in financial management is acknowledged as beneficial, the decision notes a lack of broader economic impact or significant potential for U.S. job creation, limiting the recognition of national importance.
Supporting Evidence:
The decision includes a robust discussion on the petitioner’s qualifications and the general merits of the financial services sector, but notes a lack of specific, direct evidence of the national impact of his work.
Inconsistencies in Proposed Endeavor:
The decision points to a lack of corroborating evidence about the actual impact of the petitioner’s work on national initiatives or significant employment of U.S. workers.
Supporting Documentation
- Letters of Intent: Not applicable as no specific letters are mentioned.
- Business Plan: Not specifically discussed; general claims about economic impact were not substantiated with a detailed business plan.
- Advisory Letter: General statements about the industry’s impact but no direct endorsements or detailed evaluations of the petitioner’s specific contributions.
Conclusion
Final Determination: The appeal is dismissed due to insufficient demonstration of national importance in the petitioner’s proposed financial management endeavors.
Reasoning: The decision emphasizes the lack of detailed evidence supporting significant economic benefits or job creation from the petitioner’s activities, which are critical for a national interest waiver.
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