Date of Decision: April 22, 2021
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The Director found that the petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to demonstrate that waiving the job offer requirement would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a financial manager, seeks to offer his expertise to assist American companies in various sectors, aiming to expand and grow their businesses and generate more clients. He plans to stay updated on market trends within the banking and financial services industries, advising U.S. businesses on how to grow their financial portfolios sustainably by developing tailored investment strategies. Additionally, he aims to train managers and junior employees to pass on his skills and experience.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor has substantial merit, the Director concluded that the petitioner did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. economy or the financial services industry at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would strengthen the economy and create jobs. However, the Director found insufficient evidence to support these claims. The proposed work did not show significant potential to employ U.S. workers or provide substantial positive economic effects to justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including industry reports and articles on the financial industry. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petitioner provided general articles on the importance of the financial industry but did not link this to his specific work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have a limited impact beyond his direct business activities.
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