Date of Decision: April 20, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Accounting
Petitioner Information
Profession: Accountant
Field: Accounting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Academic Record: The petitioner provided an academic evaluation equivalent to an Associate Degree in Business Administration from an accredited U.S. institution.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor in accounting would have a significant impact on the U.S. economy or the accounting industry at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to offer her expertise in accounting, finance, and taxation to American companies in various industries, helping them streamline internal processes and reduce tax burdens. She plans to stay current with U.S. tax laws and develop accounting solutions for her clients.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in accounting has substantial merit. However, the Director concluded that the petitioner did not demonstrate the national importance of her work. The petitioner’s activities were seen as primarily benefiting her employer and clients rather than having a broader impact on the U.S. economy or accounting industry.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would significantly benefit the U.S. economy by improving business efficiencies and reducing tax liabilities. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable economic benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner provided various documents, including academic records and articles on the importance of accountants in business. However, these documents did not sufficiently demonstrate that her specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of her 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 benefits of accounting but did not link this to her specific work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of her 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 her direct business activities.
