Date of Decision: December 14, 2023
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:
- Advanced Degree: The petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that her proposed endeavor has national importance.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that she is well positioned to advance her proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner, an accountant, sought to establish her qualifications and proposed work in accounting as being in the national interest of the United States. However, the petitioner did not provide sufficient specific information about the national impact of her accounting work.
Substantial Merit and National Importance:
While the petitioner’s work in accounting has substantial merit, the evidence did not sufficiently demonstrate the national importance of her specific proposed endeavor. The petitioner did not provide a detailed description of how her accounting services would have a significant national impact. The petitioner’s appeal did not include new evidence or a clear explanation of how her work as an accountant would contribute to the national interest.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation of her professional experience and qualifications. However, the evidence was insufficient to demonstrate that she is well positioned to advance her proposed endeavor. The petitioner failed to provide specific examples of how her work in accounting has led to substantial benefits on a national scale or how her proposed work would achieve such results in the future.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions. The petitioner’s submissions did not demonstrate a clear and significant benefit to the U.S. economy or job market beyond her individual success.
Supporting Evidence:
The petitioner submitted descriptions of her professional experience and qualifications. However, these were not sufficient to demonstrate the national importance of her proposed endeavor or that she is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of her proposed endeavor. The appeal did not include a brief or statement specifically identifying errors of law or fact in the initial decision.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Not provided
Other Supporting Documentation: Included descriptions of professional experience and qualifications, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that her proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The petitioner did not demonstrate eligibility for or merit a national interest waiver as a matter of discretion.
Download the Full Petition Review Here
