Date of Decision: September 9, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business and Entrepreneurship
Petitioner Information
Profession: Entrepreneur
Field: Accounting and Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner did not meet the required evidentiary criteria.
Criteria Not Met:
Identification of Field: The Petitioner did not sufficiently identify the substantive nature of the occupation.
Documentation of Experience: The Petitioner did not provide adequate documentation of at least ten years of full-time experience in the occupation.
Professional License or Certification: The Petitioner did not demonstrate possession of a relevant professional license or certification.
Recognition for Achievements: The Petitioner did not provide evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Commanded Salary: The Petitioner did not provide sufficient evidence to demonstrate that her salary or remuneration for services indicates exceptional ability.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to establish herself as an entrepreneur, focusing on providing services in the field of accounting and business management. Her proposed endeavor includes operating a substantial business that will have a beneficial impact on the U.S. economy and industries.
Substantial Merit and National Importance:
While the proposed endeavor in accounting and business management has potential merit, the evidence provided was insufficient to demonstrate the endeavor’s national importance. The documentation did not adequately show the broader impact of the Petitioner’s role on the U.S. economy.
Supporting Evidence:
The Petitioner submitted a diploma and course transcript for a three-year vocational program in accounting, employment history, and letters from previous employers. However, there were significant discrepancies in the provided employment records, and the relevance of the degree to the proposed role was not established. The evidence did not sufficiently demonstrate how the Petitioner’s experience is directly related to the proposed role of an entrepreneur in accounting and business management.
Inconsistencies in Proposed Endeavor:
The Petitioner’s employment history contained inconsistencies, specifically related to the job titles and nature of the work performed. The documentation did not clearly articulate the relationship between the Petitioner’s degree and the field of accounting and business management. Additionally, the Petitioner did not provide clear evidence of how her services would rise to the level of national importance.
Supporting Documentation
Letters of Intent:
Not specified.
Business Plan:
Not applicable.
Advisory Letter:
Advisory letters described the Petitioner’s expertise but did not establish the national importance of her proposed endeavor.
Any Other Supporting Documentation:
The Petitioner provided additional documentation, including academic evaluations and employment letters, but they did not resolve the inconsistencies in the Petitioner’s work experience or establish the required level of expertise for exceptional ability classification.
Conclusion
The appeal was dismissed because the Petitioner did not establish that she meets the regulatory requirements for the EB-2 classification as an individual of exceptional ability. The Petitioner failed to demonstrate the required qualifying experience and the job’s need for an advanced degree professional. Consequently, the Petitioner did not qualify for a national interest waiver.
