Date of Decision: May 7, 2019
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: Senior Accountant
Field: Accounting
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Valid Labor Certification:
The petitioner provided a valid labor certification signed by the appropriate counsel, meeting the requirement for a valid certification.
Criteria Not Met:
None:
The petitioner met all necessary criteria upon appeal.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a senior accountant to manage financial records, prepare financial reports, and ensure compliance with financial regulations for the company.
Substantial Merit and National Importance:
The beneficiary’s role as a senior accountant in managing financial operations for a designer and seller of children’s clothing and accessories holds substantial merit. The proper management of financial operations is crucial for the company’s success and compliance with financial regulations.
Supporting Evidence:
The petitioner submitted a labor certification and documentation demonstrating the beneficiary’s qualifications, including a master’s degree in accounting and over five years of relevant work experience. Additionally, the labor certification was signed by the appropriate counsel, which validates the certification.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor. The initial denial was based on the perceived invalidity of the labor certification, which was rectified upon appeal.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
Not applicable.
Any other supporting documentation:
The petitioner provided the necessary documentation to validate the labor certification, which included signatures from the appropriate parties.
Conclusion
Final Determination:
The appeal was sustained, and the petition was approved. The petitioner successfully demonstrated that the labor certification was valid and that the beneficiary met the requirements for the EB-2 classification.
Reasoning:
The initial denial was due to the perceived invalidity of the labor certification. However, upon appeal, it was demonstrated that the appropriate parties had signed the labor certification, thus meeting the requirements. The beneficiary’s qualifications and the valid labor certification satisfied the criteria for the EB-2 classification.
