Date of Decision: June 3, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1B (Outstanding Professor or Researcher)
Petitioner Information
Profession: Researcher
Field: Chemistry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: Evidence of the ability to pay the proffered wage
- The Petitioner submitted audited financial statements, earnings statements, and other corroborating evidence showing that the Beneficiary was paid the proffered wage of $60,000 annually.
Criteria Not Met:
- Other Criteria: The Director did not render a determination on whether the Beneficiary satisfies at least two of the regulatory criteria at 8 C.F.R § 204.5(i)(3)(i)(A)-(F).
Key Points from the Decision
Awards and Prizes Won: Not Applicable
Published Materials About the Petitioner: Not Applicable
Original Contributions of Major Significance: Not Applicable
Participation as a Judge: Not Applicable
Membership in Associations: Not Applicable
Authorship of Scholarly Articles: Not Applicable
Other Relevant Points:
- The Director’s initial decision focused on the Petitioner’s ability to pay the Beneficiary’s wage and did not evaluate whether the Beneficiary met the specific regulatory criteria for EB-1B classification.
Supporting Documentation
- Audited Financial Statements: These documents provided evidence of the Petitioner’s ability to pay the Beneficiary’s proffered wage.
- Earnings Statements: These statements indicated that the Beneficiary was paid $5,000 per month from July 2018 through March 2019.
- Form W-2 (2018): Showed the Beneficiary’s earnings for 2018, which were slightly below the proffered wage but were subsequently increased.
Conclusion
Final Determination: The case was remanded to the Director for further review.
Reasoning: The Petitioner successfully demonstrated its ability to pay the Beneficiary’s wage; however, the Director must still determine if the Beneficiary meets the regulatory criteria for EB-1B classification.
Next Steps: The Director will assess whether the Beneficiary satisfies at least two of the required criteria and make a final merits determination on the Beneficiary’s eligibility for EB-1B classification.
