Date of Decision: APR. 27, 2023
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 Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The proposed endeavor has substantial merit:
The Petitioner’s proposed work in financial management was found to have substantial merit due to the significant contributions to business growth, investment strategies, and financial planning.
The Petitioner is well-positioned to advance their proposed endeavor:
The Petitioner demonstrated substantial experience and skills in financial management, supported by recommendation letters from former colleagues.
Criteria Not Met:
The proposed endeavor has national importance:
The Petitioner failed to provide sufficient evidence that his financial management services would have a broader impact on the field outside of his specific clientele and company.
The potential for substantial positive economic effects for the U.S.:
There was insufficient information and evidence regarding projected U.S. economic impact or job creation attributable to the Petitioner’s future work.
Key Points from the Decision
Proposed Endeavor
The Petitioner proposed to work as a financial manager, providing financial planning, investment strategies, efficiency consulting, and financial advice. His specific tasks included developing financial plans, assessing business operations, and structuring financial models to attract investment.
Substantial Merit:
The Petitioner’s endeavor in financial management has substantial merit due to the positive impact on clients’ financial growth, business expansion, and investment strategies.
National Importance:
The Petitioner did not sufficiently demonstrate that his work would have broader implications or significant economic effects on the U.S. economy at a national level. The evidence provided did not show how his services would extend beyond his immediate clients to have a substantial positive economic impact.
Supporting Evidence:
The Petitioner submitted articles, industry outlooks, and recommendation letters. The evidence supported the merit of his work but failed to establish national importance or significant economic impact.
Inconsistencies in Proposed Endeavor
The Petitioner’s proposal was focused on providing financial services to specific clients and companies, without demonstrating broader impact or significant national economic benefits.
Supporting Documentation
Letters of Intent:
The letters supported the Petitioner’s experience and expertise in financial management but lacked sufficient evidence of broader national impact.
Business Plan:
The business plan outlined the Petitioner’s approach to financial management but did not provide substantial evidence of national importance or economic impact.
Advisory Letter:
The advisory letters attested to the Petitioner’s skills and potential contributions but did not adequately demonstrate the national significance of his proposed endeavor.
Conclusion
Final Determination:
The appeal was dismissed as the Petitioner did not meet the first prong of the Dhanasar framework, which requires demonstrating the national importance of the proposed endeavor.
Reasoning:
The Petitioner’s proposed financial management services, while valuable and meritorious, were not shown to have a substantial impact on the national economy or broader implications beyond his immediate clients and company.
