Date of Decision: January 30, 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: Accounting Professional and Entrepreneur
Field: Accounting
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Record: Petitioner demonstrated possession of required academic credentials.
Criteria Not Met:
- Full-time Experience: Petitioner failed to provide adequate evidence of having at least ten years of full-time experience as an accounting professional.
- Exceptional Ability: Petitioner did not provide satisfactory evidence of a salary or remuneration reflecting exceptional ability compared to peers in the field.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to establish himself as an accounting professional of exceptional ability in Brazil, focusing on innovative business practices.
Substantial Merit and National Importance:
- While the petitioner’s endeavor was noted to have merit, it was not sufficiently demonstrated to be of national importance to the U.S.
Supporting Evidence:
- Submitted evidence included corporate registration documents and a salary certification by a foreign accountant. However, these documents were found inadequate to establish full-time employment or exceptional ability.
Inconsistencies in Proposed Endeavor:
- The documentation did not adequately describe job duties or verify that the employment was full-time, which was crucial for the appeal.
Supporting Documentation
Letters of Intent:
- Not applicable as no letters were provided.
Business Plan:
- Documents related to the petitioner’s business were provided but lacked sufficient detail regarding the petitioner’s professional role and contributions.
Advisory Letter:
- Not applicable as no advisory letters were submitted.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet the necessary criteria for classification as an individual of exceptional ability or for the national interest waiver. The lack of detailed, relevant documentation supporting the petitioner’s claims was a significant factor in the decision.
Reasoning:
- The petitioner failed to prove eligibility for the EB-2 classification based on exceptional ability, as the evidence did not sufficiently demonstrate that the petitioner’s contributions were above what is ordinarily encountered in the field of accounting.
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