Date of Decision: December 1, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Tax Compliance Management
Petitioner Information
Profession: Tax Compliance Manager
Field: Tax Compliance Management
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The petitioner established she is a member of the professions holding an advanced degree with evidence of her licentiate degree in public accounting and extensive work experience.
Criteria Not Met:
National Importance: The petitioner did not establish that her work as a tax compliance manager has a substantial national impact beyond her employer. The general importance of the accounting profession does not suffice to meet this criterion.
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to continue her employment as a tax compliance manager, overseeing a team, creating financial reports, and standardizing processes.
Substantial Merit and National Importance:
While the petitioner’s role is important to her employer, the provided evidence does not demonstrate a national or global impact. The work does not significantly influence U.S. national interests or economic policies on a broader scale.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide sufficient evidence to show that waiving the job offer requirement would be beneficial to the U.S. beyond her specific role within her company.
Supporting Evidence:
The petitioner submitted employer letters and documents highlighting her role and responsibilities. However, these were insufficient to demonstrate the national importance of her work.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any other supporting documentation:
Not applicable.
Conclusion
Final Determination: The appeal was denied. The petitioner did not demonstrate that her role had substantial merit and national importance as required for the national interest waiver.
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