Date of Decision: October 10, 2019
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:
Flexibility to Forego Compensation:
The petitioner’s president, who is the sole shareholder of the personal services corporation, demonstrated the ability to forego a portion of his compensation to pay the proffered wage.
Reasonable Expectation of Increased Profits:
The petitioner provided additional evidence supporting its reasonable expectation of increased profits.
Criteria Not Met:
Ability to Pay in 2017:
Initially, the petitioner did not demonstrate the ability to pay the proffered wage in 2017.
Totality of Circumstances:
The initial decision did not fully consider the totality of the circumstances, including the president’s willingness to forego compensation.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as an accountant, classifying him under the EB-2 category as a member of the professions holding an advanced degree.
Substantial Merit and National Importance:
The substantial merit and national importance were implied through the need for qualified accountants within the United States.
Supporting Evidence:
Letters of Intent: Not specified.
Advisory Letters: Not specified.
Business Plan: Additional evidence provided showing the president’s flexibility to forego compensation and a reasonable expectation of increased profits.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
Not specifically mentioned.
Business Plan:
Demonstrated president’s flexibility to forego compensation.
Reasonable expectation of increased profits.
Advisory Letter:
Not specifically mentioned.
Any other supporting documentation:
Additional evidence proving the ability to pay the proffered wage in 2017.
Conclusion
Final Determination:
The motion to reopen is granted and the appeal is sustained.
Reasoning:
The petitioner provided sufficient evidence demonstrating its ability to pay the proffered wage in 2017, particularly through the president’s flexibility to forego compensation. The additional evidence provided addressed the initial grounds for denial, leading to the appeal’s approval.
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