EB-2 NIW USCIS Appeal Review – Accountant – MAR102022_02B5203

Date of Decision: March 10, 2022
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 and Taxation
Nationality: [Not Specified]

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

Substantial Merit: The petitioner’s work in accounting has been deemed valuable, including her extensive knowledge of Brazilian legal standards and her contributions to the financial health of U.S. businesses.

Well-Positioned to Advance: The petitioner’s experience, including starting her own accounting firm and assisting U.S. companies with specialized knowledge, showcases her capability to advance her proposed endeavor.

Criteria Not Met:

National Importance: The petitioner failed to demonstrate that her proposed endeavor would extend beyond her immediate clients to have a broader impact on the U.S. economy or accounting field at a national level.

Substantial Positive Economic Effects: While the petitioner projected growth for her company, the evidence was insufficient to show substantial positive economic benefits at the regional or national level.

Key Points from the Decision

Proposed Endeavor:

The petitioner intends to work as an accountant providing expert advice and services through her own company to U.S. businesses, particularly those involved in cross-border trade with Brazil.

Substantial Merit and National Importance:

Although the petitioner’s work is valuable, the evidence did not establish that her endeavor would have significant national implications or sufficiently impact the U.S. economy or the accounting field broadly.

On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:

The petitioner did not demonstrate that her contributions would be substantial enough to justify waiving the job offer and labor certification requirements.

Supporting Evidence:

The petitioner provided letters of recommendation highlighting her expertise and business acumen, a detailed business plan for her accounting firm, and various articles demonstrating the value of accounting services. However, the evidence did not sufficiently show a broader national impact.

Inconsistencies in Proposed Endeavor:

The petitioner’s statements about her intended work and its national importance were not adequately supported by evidence demonstrating a significant broader impact.

Supporting Documentation

Letters of Intent:

The petitioner submitted letters from colleagues and business partners attesting to her skills and the potential impact of her work.

Business Plan:

The business plan detailed the petitioner’s company’s services, market analysis, financial projections, and growth strategy, but lacked substantiation for projected benefits.

Conclusion

The appeal was dismissed. The petitioner did not establish that her proposed endeavor met the national importance requirement necessary for a national interest waiver.

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