EB-2 NIW USCIS Appeal Review – Tax Consultant – FEB112019_01B5203

Date of Decision: February 11, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Tax Consulting

Petitioner Information

Profession: Tax Consultant
Field: Tax Preparation Services
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed
Motion to Reopen and Reconsider: Denied

Evidentiary Criteria Analysis

Criteria Met:

Professional Memberships: The Beneficiary provided evidence of membership in the National Association of Tax Professionals and the National Association of Professional Women.

Professional Certification: The Beneficiary held a valid tax consultant license and an enrolled agent credential from the IRS.

Criteria Not Met:

Educational Requirements: The Beneficiary’s bachelor’s degree in French language and literature from South Korea did not relate to the area of exceptional ability as required.

Experience Requirement: The Beneficiary did not demonstrate at least ten years of full-time experience as a tax consultant with specific details of duties and time allocation.

Advanced Degree or Exceptional Ability: The Petitioner did not establish that the Beneficiary qualified as a member of the professions holding an advanced degree or as an individual of exceptional ability.

Key Points from the Decision

Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a tax consultant. The role involves providing tax preparation services and managing payroll, with the Beneficiary having claimed experience running a business with her husband from 2007 to 2018.

Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Beneficiary’s proposed endeavor. The primary focus was on verifying the Beneficiary’s qualifications and the Petitioner’s ability to pay the proffered wage.

Supporting Evidence:

Initial Submission: Included the Form I-140 petition, labor certification, and letters verifying the Beneficiary’s experience and educational qualifications.

Further Submission on Appeal: Provided additional letters and emails detailing the Beneficiary’s duties and skills from previous employers.

Inconsistencies in Proposed Endeavor:
The primary inconsistencies were the lack of detailed experience verification letters. While the Beneficiary had various letters from previous employers, some did not meet regulatory requirements by lacking specific job duties and other necessary details.

Supporting Documentation

Letters of Intent:

Not applicable in this case.

Business Plan:

Not applicable in this case.

Advisory Letter:

Not applicable in this case.

Any other supporting documentation:

Experience Letters: Provided by previous employers, but several lacked specific job duty descriptions.

Financial Records: Included paychecks showing the Beneficiary’s salary up to June 2018 but lacked comprehensive financial statements demonstrating the ability to pay the proffered wage for the entire year.

Conclusion

Final Determination: The motion to reopen and reconsider was denied.
Reasoning:
The Petitioner did not meet the burden of proof required to establish eligibility for the immigration benefit sought. The Beneficiary did not possess the required educational qualifications or the required ten years of full-time experience as a tax consultant. The Petitioner also did not provide sufficient evidence to demonstrate that the Beneficiary’s degree was equivalent to a U.S. advanced degree. Consequently, the initial decision to deny the petition was upheld, and the motion to reopen and reconsider was denied. The Petitioner must address these deficiencies in any future filings to establish eligibility.

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Victor Chibuike
Victor Chibuike

A major in Programming,Cyber security and Content Writing

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