Immigration Attorney in Indiana – Insights on a National Interest Waiver Appeal for Forensic Accounting Services
NIW/Proposed Endeavor
On July 25, 2024, the Administrative Appeals Office (AAO) issued a decision regarding an appeal from a forensic accountant seeking a National Interest Waiver (NIW) under the EB-2 visa category. The petitioner, who operates an accounting firm specializing in international accounting and forensic tax services, aimed to prove that her work had substantial merit and national importance. The appeal was dismissed, offering valuable lessons for applicants. As an experienced immigration attorney in Indiana, I frequently work with clients on National Interest Waiver petitions, ensuring they meet the specific criteria required for approval.
Case Overview
The petitioner, an accountant, sought to waive the job offer requirement under the EB-2 classification. Her proposed endeavor involved providing forensic tax and accounting services with a focus on helping U.S. companies engage with the Latin American market. She argued that her expertise would enhance U.S. companies’ competitiveness, generate jobs, and contribute to the national economy.
In her business plan, the petitioner projected substantial growth for her company, including job creation and foreign direct investment (FDI) attraction, particularly from Brazil. She also claimed that her endeavor would support U.S. national security by reducing dependency on Chinese supply chains through the relocation of critical resources to Latin America.
AAO Ruling
The AAO found that while the petitioner’s proposed endeavor had substantial merit, it did not meet the national importance requirement outlined in the Dhanasar framework. Although the petitioner provided detailed plans for growing her business, she failed to demonstrate how her work would have a broader impact on the U.S. economy or financial sectors beyond her direct clientele. Specifically, the AAO determined that her proposed work would not have significant national or global implications as required by the Dhanasar criteria.
The ruling also noted that the petitioner did not provide sufficient evidence that her company’s projected growth would create enough jobs or generate enough economic benefit to satisfy the standard of “substantial positive economic effects” necessary to meet the national importance threshold. While the petitioner highlighted workforce shortages in accounting and financial services, the AAO emphasized that such issues are generally addressed through the Department of Labor's labor certification process, not through the National Interest Waiver pathway.
My Opinion as an Immigration Attorney in Indiana
As an immigration attorney specializing in National Interest Waiver petitions in Indiana, I believe this case highlights the importance of presenting a clearly defined, well-supported proposed endeavor. In this instance, the petitioner made general claims about the significance of her work but did not provide enough evidence to show how it would have a broader impact on U.S. industries or the national economy.
In my practice, I emphasize the need for NIW applicants to clearly demonstrate how their work will have a substantial, positive effect on the U.S. economy, national security, or public welfare. Simply operating a successful business or addressing industry shortages isn’t enough—you must show how your work extends beyond your immediate field or clientele and contributes to broader national interests.
While I am based in Indiana, I assist clients across the U.S. with NIW petitions and other immigration matters. I believe that with the right approach, many professionals in fields such as accounting, healthcare, and technology can successfully demonstrate the national importance of their work. However, this requires a strategic, detailed plan backed by solid evidence and expert testimonials.
Key Takeaways for National Interest Waiver Applicants
This case underscores the importance of presenting a detailed and compelling argument for how your proposed endeavor will impact the U.S. on a broader scale. As an immigration attorney in Indiana, I work closely with my clients to ensure that their petitions are well-prepared, with a clear focus on meeting the Dhanasar framework’s requirements. Whether you are working in finance, technology, or healthcare, your petition must go beyond general claims and demonstrate the substantial merit and national importance of your work.
If you’re considering applying for a National Interest Waiver or need help strengthening your petition, I can provide expert guidance to ensure your case is presented in the best possible light. Contact my office today to discuss how we can work together to build a compelling argument for your eligibility under the National Interest Waiver program.