Date of Decision: May 23, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Big Data Engineer
Field: Information Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Ability to Pay: The Petitioner demonstrated its ability to pay the proffered wage by showing sufficient annual net current assets and totality of the circumstances, such as the company’s large workforce and substantial annual gross receipts.
- Job’s Advanced Degree Requirement: The Petitioner provided sufficient evidence to show that the offered job requires at least an advanced degree, including letters from clients describing the need for such qualifications.
Criteria Not Met:
- Bona Fides of the Job Offer: The Petitioner did not demonstrate intent to employ the Beneficiary in the offered job beyond April 2024, as there was no evidence of intended duties and worksite beyond this period.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was proposed to work as a big data engineer, employed by a professional staffing agency to be stationed at a client site in Florida. The job involves responsibilities that necessitate advanced knowledge and skills in information technology and engineering fields.
Substantial Merit and National Importance:
The role of a big data engineer holds substantial merit and national importance due to the increasing reliance on data analysis and management in various industries. The Petitioner provided letters from clients that demonstrated the significant impact of the Beneficiary’s work.
Supporting Evidence:
The Petitioner submitted federal income tax returns, the Beneficiary’s Forms W-2, and a letter from a financial officer. These documents established the company’s ability to pay the proffered wage and the requirement for an advanced degree for the job.
Inconsistencies in Proposed Endeavor:
The Director noted a lack of evidence regarding the Beneficiary’s intended job duties and worksite beyond April 2024, which raised questions about the Petitioner’s long-term intent to employ the Beneficiary in the specified role.
Supporting Documentation
Letters of Intent:
Summaries of letters from clients affirmed the advanced degree requirement and the significant contributions of the Beneficiary to their projects.
Business Plan:
N/A
Advisory Letter:
N/A
Any Other Supporting Documentation:
Financial statements and tax returns that illustrated the company’s financial capability to support the proffered wage.
Conclusion
Final Determination: The appeal was remanded. The petitioner did not provide sufficient evidence of intent to employ the Beneficiary in the offered job beyond April 2024.
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