Date of Decision: June 22, 2017
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: Banking and Financial Management
Nationality: Indian
Summary of Decision
Initial Decision: Revoked
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner initially provided evidence of the Beneficiary’s employment and educational qualifications.
The Petitioner demonstrated that the job opportunity was bona fide and not influenced by fraudulent marriage claims.
Criteria Not Met:
The Beneficiary did not meet the educational requirements for an advanced degree professional classification.
The Beneficiary did not meet the experience requirements stipulated in the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as an accountant for the Petitioner’s furniture retail company.
Substantial Merit and National Importance:
The petition emphasized the importance of qualified accountants in managing financial records and ensuring regulatory compliance, contributing to the company’s success and stability.
Supporting Evidence:
The Petitioner provided documentation of the Beneficiary’s educational background, including diplomas and transcripts from Indian institutions.
The Petitioner also provided letters from previous employers detailing the Beneficiary’s work history in banking positions.
Inconsistencies in Proposed Endeavor:
The Petitioner’s labor certification did not correctly disclose the educational qualifications, as the Beneficiary’s degrees were not equivalent to a U.S. bachelor’s degree in accounting.
The Beneficiary’s work experience letters did not include specific descriptions of job duties, making it difficult to verify the qualifications.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided various letters from previous employers, but these lacked detailed descriptions of the Beneficiary’s job duties.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish that the Beneficiary met the educational and experience requirements specified in the labor certification. Additionally, the evidence provided did not resolve inconsistencies related to the Beneficiary’s educational equivalency and specific job duties. Furthermore, the issue of the Beneficiary’s previous marriage fraud contributed to the decision to dismiss the appeal.
