Date of Decision: FEB 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Accounting and Taxation
Petitioner Information
Profession: Accounting and Tax Specialist
Field: Financial Services
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The Petitioner demonstrated that his proposed endeavor has substantial merit by providing services that contribute to economic development and business growth through tax and accounting expertise.
- Well-Positioned to Advance Endeavor: The Petitioner provided sufficient evidence of his experience and qualifications, indicating he is well-positioned to advance his proposed endeavor.
Criteria Not Met:
- National Importance: The Petitioner did not establish that his proposed endeavor has national importance. The evidence provided did not sufficiently demonstrate a prospective impact on a national or global scale in the field of financial services.
- Balance of Benefits to the U.S.: The Petitioner failed to show that waiving the job offer requirement would be beneficial to the United States on balance. The evidence did not support the claim that his contributions would outweigh the benefits of requiring a labor certification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends to assist small- and medium-sized businesses in the United States by providing tax and accounting services aimed at optimizing operations, reducing costs, and improving financial performance.
Substantial Merit and National Importance:
The endeavor was acknowledged to have substantial merit due to its potential benefits to business efficiency and economic growth. However, it was not proven to have national importance as it did not demonstrate broader implications or significant national or global impact within the field.
Supporting Evidence:
The Petitioner provided various documents, including personal statements, expert opinion letters, and industry reports. However, these documents did not sufficiently link the Petitioner’s specific work to a national level of importance.
Inconsistencies in Proposed Endeavor:
The evidence provided did not clearly establish that the Petitioner’s work would have significant impacts beyond his immediate clients, nor did it address national interest factors such as job creation or economic urgency.
Supporting Documentation
Letters of Intent:
The Petitioner included letters of intent from clients and businesses, emphasizing his role in providing financial guidance and support.
Business Plan:
A detailed business plan was provided, outlining the strategic approaches the Petitioner intends to implement in assisting businesses with financial management.
Advisory Letter:
An expert opinion letter was submitted, supporting the Petitioner’s qualifications and the importance of his work. However, it lacked a detailed analysis of the national importance of the Petitioner’s specific endeavor.
Conclusion
Final Determination: The appeal was dismissed as the Petitioner did not meet all the required criteria for the national interest waiver. Specifically, the Petitioner failed to establish the national importance of his proposed endeavor and the overall benefits to the United States.
Reasoning:
The Petitioner’s contributions were deemed valuable on a regional or local level but did not rise to the level of national importance required for an EB-2 NIW. The supporting evidence did not convincingly argue that waiving the job offer requirement would significantly benefit the United States.
Download the Full Petition Review Here
