Date of Decision: October 1, 2019
Service Center: Nebraska 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: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Timeliness of Motion:
The petitioner successfully demonstrated that the motion to reopen was timely filed within the regulatory period.
Criteria Not Met:
Advanced Degree Professional Classification:
The petitioner did not provide sufficient evidence to establish that the job offer requires an advanced degree or its equivalent as defined under 8 C.F.R. § 204.5(k)(2). The labor certification requirements did not meet the criteria for an advanced degree professional.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as an accountant, responsible for managing financial records, preparing financial statements, and ensuring compliance with financial regulations.
Substantial Merit and National Importance:
The work of an accountant in managing financial operations has substantial merit and importance. However, the labor certification did not support the requested classification of advanced degree professional.
Supporting Evidence:
The petitioner submitted the beneficiary’s academic credentials, which included a bachelor’s degree in accounting. However, the labor certification only required a bachelor’s degree and did not specify the need for an advanced degree or five years of progressive experience, as required for the EB-2 classification.
Inconsistencies in Proposed Endeavor:
The petitioner’s labor certification did not align with the requirements for an advanced degree professional. The minimum educational requirement was a bachelor’s degree in accounting or business administration, and no minimum experience requirement was stated.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
Not applicable.
Any other supporting documentation:
The petitioner did not provide additional evidence to address the discrepancies between the labor certification and the requested visa classification.
Conclusion
Final Determination:
The appeal was dismissed. The labor certification did not support the requested classification of advanced degree professional, as it did not require either a master’s degree or a bachelor’s degree followed by five years of progressive experience.
Reasoning:
The evidence provided did not adequately demonstrate that the labor certification met the requirements for the advanced degree professional classification. The petitioner’s labor certification only required a bachelor’s degree and did not specify the need for an advanced degree or equivalent experience. Consequently, the petition was denied based on the inability to meet the educational and experience requirements for the EB-2 classification.
