Date of Decision: August 3, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Application Support Engineering
Petitioner Information
Profession: Application Support Engineer
Field: Credit Pricing and Valuation Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None explicitly stated.
Criteria Not Met:
The labor certification submitted with the petition was obtained by a different business entity, and the Petitioner did not establish that it is the successor-in-interest to that entity.
The labor certification employer did not establish its ability to pay the proffered wage from the priority date onward.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as an AVP, application support engineer, responsible for supporting and maintaining applications within the credit pricing and valuation services sector.
Substantial Merit and National Importance:
The findings focused on the validity of the labor certification and the Petitioner’s ability to pay the proffered wage rather than the substantial merit and national importance of the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The Director concluded that the Petitioner did not meet the necessary evidentiary criteria to support the validity of the labor certification and the ability to pay the proffered wage, leading to the decision to deny the appeal.
Supporting Evidence:
The Petitioner provided letters from corporate officials, annual reports, and a copy of the Form 10-K filed with the U.S. Securities and Exchange Commission.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the use of a labor certification obtained by a different business entity and the lack of evidence showing the ability to pay the proffered wage.
Supporting Documentation
Letters of Intent: Not applicable in this case.
Business Plan: Not applicable in this case.
Advisory Letter: Not applicable in this case.
Any Other Supporting Documentation: Not applicable in this case.
Conclusion
The appeal was dismissed. The Petitioner did not establish that the labor certification was valid for the petitioning entity and did not demonstrate the ability to pay the proffered wage from the priority date onward.
