Date of Decision: FEB. 1, 2024
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 Sciences
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Educational Qualifications: The petitioner established eligibility for EB-2 classification based on the equivalent of a U.S. master’s degree in accounting.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that her accounting endeavor has broader implications on a national or global scale within her field. There was insufficient evidence to show substantial positive economic effects or broad enhancement of societal welfare.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to assist various U.S. entities with accounting tasks, ensuring compliance with U.S. laws. This includes opening companies, bookkeeping, tax calculations, and financial reporting.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor was deemed of substantial merit, it did not meet the criteria for national importance as required, lacking broad impact or significant economic benefits.
Supporting Evidence:
The petitioner provided multiple forms of evidence, including her credentials evaluation, professional references, and job offers, which were sufficient to establish her professional qualification but not her endeavor’s national importance.
Inconsistencies in Proposed Endeavor:
The appeal highlighted a lack of specific evidence on how the petitioner’s work would broadly impact the field of accounting or lead to significant economic growth.
Supporting Documentation
Letters of Intent: Not sufficiently detailed to demonstrate national importance.
Business Plan: Lacks evidence of substantial economic impact.
Advisory Letter: Supports the petitioner’s qualifications but not the broader impact of her endeavor.
Conclusion
Final Determination: The appeal is dismissed based on the inability to prove that the petitioner’s endeavor has national importance. The petitioner has not demonstrated that her activities would lead to significant societal or economic benefits as required under the national interest waiver criteria.
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