Date of Decision: January 3, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Finance and Accounting
Petitioner Information
Profession: Finance Consultant
Field: Finance and Accounting
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit: The Petitioner’s proposed endeavor to provide accounting and financial services, including tax preparation, tax planning, accounting, strategic business planning, and incorporation services, was recognized as having substantial merit. The submitted business plan and additional industry analysis supported this conclusion.
Well-Positioned to Advance Endeavor: The Petitioner demonstrated that they possess the necessary skills, knowledge, and experience in the finance field, evidenced by letters from former employers and clients, as well as business incorporation documents and operational plans.
Criteria Not Met:
National Importance: The Petitioner failed to sufficiently establish that their proposed endeavor extends beyond the success of their own business to have a broader impact on the field or industry at a national level. The business plan’s projections and letters of intent from potential clients did not adequately demonstrate significant national economic benefits or substantial positive economic effects as required under the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to offer comprehensive financial consulting services through their company, targeting both U.S. companies and individuals. The business plan included detailed analyses and projections, aiming for incremental growth in both revenue and staff over five years.
Substantial Merit and National Importance:
The Petitioner’s work was acknowledged for its substantial merit due to its potential value to individual clients and businesses. However, it was not demonstrated that this endeavor would significantly impact the finance industry or the U.S. economy on a national scale. The provided materials focused more on local business impacts rather than nationwide influence.
Supporting Evidence:
The Petitioner presented various supporting documents, including:
A detailed business plan with financial forecasts and market analyses.
Letters from former employers and clients affirming the Petitioner’s expertise and potential contributions.
Articles and research about the significance of financial consulting, especially post-COVID-19.
A written advisory opinion from an accounting professor highlighting the economic role of financial consultants.
Despite these documents, the evidence was deemed insufficient to prove national importance as required by the Dhanasar criteria.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the lack of evidence showing that the Petitioner’s business activities would extend beyond regional benefits to achieve national significance. The projections and letters from small businesses did not convincingly argue for a broader economic impact.
Supporting Documentation
Letters of Intent:
The Petitioner included letters of intent from two small businesses in South Florida, indicating interest in financial consulting services. However, these were not sufficient to prove a national level of importance.
Business Plan:
The business plan detailed the Petitioner’s strategy, market analysis, and financial projections, but it failed to demonstrate how these local business activities would translate into national benefits.
Advisory Letter:
An advisory letter from an accounting professor emphasized the potential positive economic impacts of the Petitioner’s work but lacked specific evidence connecting the Petitioner’s business to broader national economic benefits.
Conclusion
Final Determination: Denied
Reasoning: The decision was based on the Petitioner’s inability to meet the first prong of the Dhanasar framework, which requires demonstrating the national importance of the proposed endeavor. While the endeavor had substantial merit and the Petitioner was well-positioned to advance it, the evidence did not support that it would have a significant national impact.
Next Steps: For the Petitioner to reconsider the presentation of their endeavor, emphasizing broader national implications and providing more robust evidence of substantial positive economic effects on a national scale.
