Date of Decision: June 16, 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, Tax Planning, Finance, Business Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner demonstrated that his proposed endeavor in accounting, finance, and taxation has substantial merit. His work includes improving accounting systems, financial operations, and tax strategies for U.S. companies.
Criteria Not Met:
- National Importance: The petitioner did not provide sufficient evidence to show that his proposed endeavor has national importance. While the field of accounting is crucial, the petitioner’s specific work did not demonstrate a broader impact on the U.S. economy or national interest.
- Well-Positioned to Advance the Proposed Endeavor: Although the petitioner has significant experience and credentials in accounting, he did not adequately show how he is well-positioned to advance his proposed endeavor in a way that benefits the national interest.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work in accounting, focusing on tax planning, finance, accounting systems, cost reduction, and business development. He aims to assist U.S. companies in improving their financial operations and reducing tax burdens.
Substantial Merit and National Importance:
The petitioner’s work in accounting was acknowledged to have substantial merit. However, the decision emphasized that the national importance must extend beyond the individual’s employer and clientele, impacting the broader industry or economy significantly.
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 benefit the U.S. economy and promote international business transactions. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including his curriculum vitae, academic credentials, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact the field of accounting on a national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s claims about his impact and influence were not fully supported by the evidence. The documentation did not clearly show that his work had been widely adopted or recognized in the accounting industry.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed endeavor has national importance or that he is well-positioned to advance the endeavor. Additionally, he did not show that waiving the labor certification requirement would be beneficial to the United States.
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