Date of Decision: March 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1B (Outstanding Professor or Researcher)
Petitioner Information
Profession: Bioinformatics Research Scientist
Field: Bioinformatics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Employer’s Ability to Pay the Wage:
The petitioner successfully demonstrated its ability to pay the proffered wage of $65,000 per year through the submission of earnings statements, annual reports, and other financial documentation. This evidence showed that the beneficiary received a biweekly pay of $2,500, meeting the salary requirement from January 2023 onwards.
Criteria Not Met:
- None:
The Director did not render a determination on whether the petitioner met at least two of the regulatory criteria related to the beneficiary’s qualifications. This aspect is to be re-evaluated upon remand.
Key Points from the Decision
- Ability to Pay:
The primary reason for the initial denial was the question of the petitioner’s ability to pay the proffered wage. Upon appeal, the petitioner provided additional evidence that sufficiently demonstrated their financial capability, leading to the withdrawal of the initial decision and remand for further evaluation. - Regulatory Criteria:
The case has been remanded for the Director to assess whether the petitioner meets at least two of the necessary criteria under 8 C.F.R § 204.5(i)(3)(i)(A)-(F), and if so, to conduct a final merits determination regarding the beneficiary’s international recognition as an outstanding researcher in her academic field.
Supporting Documentation
- Earnings Statements:
Detailed earnings statements showing biweekly payments to the beneficiary, supporting the petitioner’s claim of having met the wage requirement. - Annual Reports and Financial Statements:
Documentation of the petitioner’s financial status, including audited financial statements and annual reports, further corroborating their ability to pay the beneficiary.
Conclusion
Final Determination:
The Director’s decision has been withdrawn, and the case is remanded for further analysis. The remand focuses on evaluating whether the petitioner satisfies the initial evidence requirements of at least two criteria and assessing whether the beneficiary is internationally recognized as outstanding in her field.
Reasoning: The petitioner successfully addressed the Director’s concerns regarding the ability to pay the proffered wage, but the criteria for evaluating the beneficiary’s qualifications require additional review.
Next Steps: The Director will re-evaluate the case to determine if the petitioner meets the required evidentiary criteria and will make a final decision based on the totality of evidence provided.
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