Why Was This Accountant's NIW denied

Immigration Attorney dedicated to serving talented individuals for
NIW in Indiana and across the U.S

Why Was This Accountant's NIW Application Denied?

NIW/Proposed Endeavor/CPA

The National Interest Waiver (NIW) is a category under U.S. immigration law that allows certain foreign nationals to waive the job offer and labor certification requirements if they can prove that their work benefits the national interest of the United States. However, to qualify for this waiver, applicants must meet three critical criteria. In this case, the accountant's NIW application was denied because he failed to sufficiently demonstrate one of these criteria: “national importance.” This article will analyze the reasons why his application was denied and discuss what could have been done to strengthen the case.

1. Background of the Accountant

The accountant in question is an Indian native and a Canadian citizen. He holds an MBA from a U.S. institution and is a licensed Certified Public Accountant (CPA) with over 20 years of experience. His proposed endeavor involved starting a consulting firm in the U.S. to offer accounting, tax, audit, and advisory services to small businesses, professionals, and self-employed individuals. While these services are certainly important on a personal level, the U.S. Citizenship and Immigration Services (USCIS) determined that the accountant’s work did not rise to the level of national importance.

2. Why the NIW Application Was Denied

To qualify for an NIW, applicants must satisfy three key criteria:

1. The proposed endeavor must have “substantial merit” and “national importance.”

2. The applicant must be “well-positioned” to advance the proposed work.

3. Granting the waiver must be beneficial to the United States.

In this case, the accountant met the first criterion—his work was deemed to have "substantial merit." However, the application was denied because he did not provide sufficient evidence to prove the "national importance" of his proposed endeavor.

3. Lack of National Importance

USCIS raised concerns about whether a single accountant's services could have a substantial impact on the U.S. at a national level. The key reasons for the denial are as follows:

• Limited Scope of Impact: USCIS pointed out that “an individual accountant is unlikely to have national or global implications in the field.” While accounting services are valuable to businesses and individuals, the accountant failed to show how his work would have a broad national impact. He claimed that his consulting firm would benefit small businesses in the U.S., but did not provide concrete evidence demonstrating how this would contribute to the national economy on a larger scale. For an endeavor to be considered of national importance, it must go beyond serving individual clients and have the potential to significantly affect an industry or field.

• Lack of Specificity in the Business Plan: The accountant estimated that his business would require $120,000 to establish but did not provide detailed projections regarding revenue, job creation, or how the business would affect economically depressed areas. USCIS found the business plan to be lacking in the specifics needed to evaluate whether the business would have a substantial impact on the U.S. economy.

• Absence of Innovation: To demonstrate national importance, applicants must also show that their work will lead to advancements or innovations within their field. In this case, the accountant did not provide any evidence that his proposed accounting services would bring about meaningful improvements or innovations in the industry. USCIS typically looks for evidence that an applicant’s work will lead to advances that benefit society at large, not just individual clients.

4. Suggestions for a Stronger NIW Application

To improve the chances of NIW approval, the accountant could have taken the following steps:

• Stronger Evidence of National Importance: While accounting is a valuable service, the applicant needed to more clearly demonstrate how his proposed business would impact the U.S. economy or society at a national level. He could have emphasized how his services would help create jobs in underserved areas or assist small businesses in overcoming economic challenges. More concrete and quantifiable data would have been necessary to prove national importance.

• Detailed Business Plan: The accountant needed to provide more detailed financial projections, including expected revenue, the number of employees, and how his business would contribute to local or national economic growth. A more thorough business plan showing the scope of his work would have given USCIS a clearer picture of how the endeavor could impact the economy.

• Emphasis on Innovation in the Field: The accountant could have strengthened his case by showing how his services would introduce new methodologies or technologies in accounting that could transform the field. For example, if his consulting firm planned to implement cutting-edge tax software or revolutionize accounting practices for small businesses, this could have helped demonstrate national importance and innovation.

Conclusion

The main reason for the denial of this accountant’s NIW application was his inability to sufficiently prove that his proposed work had "national importance." While his services as a CPA are undoubtedly valuable on a personal and business level, USCIS requires applicants to demonstrate how their work will significantly benefit the United States as a whole. To succeed with an NIW application, it is crucial to not only highlight individual expertise but also to provide evidence of how that expertise will have a broader impact on the national economy or society​