Date of Decision: February 6, 2024
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: Accounting Specialist
Field: Accounting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Documentation of Exceptional Ability: The petitioner demonstrated exceptional ability in accounting, meeting three of the required six criteria as needed for EB-2 classification.
Criteria Not Met:
- Specific Endeavor Defined: The petitioner’s proposed endeavor was deemed too generic and not well defined, which led to initial denial.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s endeavor in the accounting field lacked specificity, which was a critical factor in the initial denial. The decision did not clearly define the nature of the proposed work in the United States.
Substantial Merit and National Importance:
The decision did not find the petitioner’s work to meet the substantial merit and national importance criteria as per the Dhanasar framework. The Director failed to analyze how the petitioner’s work benefits the U.S. on a national level.
Supporting Evidence:
The petitioner submitted evidence deemed insufficient to prove that her endeavor had substantial merit or national importance. The decision lacked a detailed analysis of the evidence provided.
Inconsistencies in Proposed Endeavor:
The Director criticized the endeavor for its lack of specificity and was unable to ascertain how the petitioner was well-positioned to advance her proposed endeavor.
Supporting Documentation
Letters of Intent:
Not specified – The decision did not detail any specific letters of intent that would support the petitioner’s claims.
Business Plan:
Not applicable – There was no mention of a business plan in the documents provided.
Advisory Letter:
Not applicable – No advisory letters were mentioned that could support the petitioner’s endeavor.
Any Other Supporting Documentation:
General evidence listed was not analyzed in detail in the decision, contributing to the initial denial.
Conclusion
Final Determination:
The decision to deny was remanded for further consideration. The Director is instructed to review all documentation and provide a clear analysis and reasons for any decision on eligibility and national interest waiver criteria.
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