Date of Decision: January 4, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Consulting and Compliance
Petitioner Information
Profession: Tax Specialist
Field: Accounting and Financial Management
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Well Positioned to Advance Endeavor: The Petitioner demonstrated her qualifications as an advanced degree professional in accounting, capable of advancing her intended endeavors in the U.S.
- Substantial Merit: The Petitioner’s work aimed at improving U.S. businesses’ financial management and compliance, showing potential significant economic impact.
Criteria Not Met:
- National Importance: The Petitioner failed to demonstrate that her work would have a significant impact on the national economy or financial field beyond her immediate employment and business plan.
- Benefit to the United States: Insufficient evidence that the waiver of job offer and labor certification requirements would benefit the U.S. substantially.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to develop financial processes for U.S. companies and establish a financial consulting firm aimed at aiding small and medium-sized businesses in achieving financial stability.
Substantial Merit and National Importance:
While the proposed work has substantial merit in enhancing business compliance and financial management, it lacks broader national implications necessary for a national interest waiver.
Supporting Evidence:
The Petitioner provided a business plan and letters from previous employers but failed to convincingly project national impacts or benefits from her proposed activities.
Inconsistencies in Proposed Endeavor:
The appeal highlighted a lack of detailed explanation on how the proposed financial services would impact the national economy significantly.
Supporting Documentation
Business Plan:
Outlined a five-year goal for her financial firm with expectations of generating $5.6 million in revenue and employing 20 people, but did not convincingly show national significance.
Advisory Letter:
Included a letter from a U.S. finance professor asserting the national importance of the financial field, but not specifically the Petitioner’s endeavor.
Conclusion
Final Determination: The appeal is dismissed due to insufficient demonstration of national importance and benefits to the U.S., despite the Petitioner’s qualifications and the substantial merit of her work.
Reasoning:
The Petitioner did not provide sufficient evidence that her financial consulting services would have a substantial positive economic effect on a national level.
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