Date of Decision: May 5, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Accounting
Petitioner Information
Profession: Accountant
Field: Accounting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Consistent Financial Strength: The petitioner demonstrated a consistent history of financial strength since 2012, aside from a write-off of uncollectable debt in 2014.
Net Current Assets: The petitioner successfully showed sufficient net current assets when excluding specific liabilities deemed non-collectable.
Criteria Not Met:
Initial Ability to Pay: The petitioner initially failed to establish the ability to pay the proffered wage in 2014 and 2015, showing shortfalls based on net income and current liabilities.
Documentation of Liabilities: The petitioner did not provide sufficient documentation to corroborate the claim that certain liabilities were not due within a year.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as an accountant, asserting that the role is critical to the organization’s financial health and community development efforts.
Substantial Merit and National Importance:
The petitioner demonstrated substantial merit and national importance through its role as a non-profit community development organization. Key points included:
Historical Growth: The organization showed substantial revenue growth from $1,272,697 in 2013 to $4,692,277 in 2015.
Operational Scale: The petitioner operates over 20 subsidiaries, indicating a significant impact on the community and economic development.
Supporting Evidence:
The petitioner provided evidence including:
Audited Financial Statements: Showing net income and net current assets, crucial for demonstrating financial stability.
Letters from Financial Officers: These letters provided context on liabilities and financial strategies, asserting that certain debts were non-collectable.
Inconsistencies in Proposed Endeavor:
While the petitioner showed a substantial overall financial picture, there were inconsistencies in documenting specific liabilities and project expenses, which initially cast doubt on the ability to pay the proffered wage.
Supporting Documentation
Letters of Intent:
Summary and key points from letters indicating intent to continue financial support and development projects.
Business Plan:
Details of the petitioner’s strategic plan for growth and financial management, including handling of non-collectable debts.
Advisory Letter:
A letter from a CPA providing analysis and context on the petitioner’s financial statements, supporting the argument for excluding certain liabilities.
Conclusion
The appeal was approved. The petitioner demonstrated its ability to pay the proffered wage from the priority date onward through a combination of historical financial strength, increasing revenues, and a strategic approach to managing liabilities.
