Date of Decision: JAN. 10, 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
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Education and Professional Experience: The petitioner has the foreign equivalent of a U.S. bachelor’s degree and at least five years of progressive post-baccalaureate experience in the specialty.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner failed to establish the national importance of her proposed accounting services and how they impact the U.S. economy significantly.
- Well Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence of a detailed plan or progress towards her proposed endeavor, nor evidence of interest from potential clients.
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to work as an accountant with duties including financial reconciliation, budgeting, auditing, and compliance with tax obligations. She intends to work independently, contracting with multiple institutions.
Substantial Merit and National Importance:
The petitioner highlighted the economic significance of the accounting field, using examples like the potential costs of accounting errors. However, she failed to demonstrate how her specific endeavor contributes uniquely to the national economy.
Supporting Evidence:
The petitioner submitted various documents including recommendation letters, certificates, and a resume, but failed to adequately detail how these supported her claim to impact national interests significantly.
Inconsistencies in Proposed Endeavor:
There was a lack of specificity in how the petitioner would carry out her accounting duties and the absence of a clear business model or client base.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: The petitioner provided an opinion letter from a professor which discussed the importance of accounting but did not directly support the specific endeavor.
Other Documentation: General information on accounting practices and training certificates, but these were not directly tied to U.S. specific practices or detailed plans for her endeavor.
Conclusion
Final Determination: The petitioner has not demonstrated eligibility for a national interest waiver as she did not meet the substantial merit or positioning requirements necessary under the Dhanasar framework.
Reasoning: The petitioner’s application lacked specific details on how her accounting services would impact the U.S. economy on a national level and failed to provide a clear plan or evidence of progress towards her proposed endeavor.
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