Date of Decision: December 9, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Analysis
Petitioner Information
Profession: Business Analyst
Field: Business Analysis for Gelato Coffee Shop
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Motion to Reopen and Reconsider: Denied
Evidentiary Criteria Analysis
Criteria Met:
Educational and Professional Requirements: The Beneficiary met the educational and professional requirements for the position of business analyst.
Criteria Not Met:
Ability to Pay Proffered Wage: The Petitioner did not provide sufficient evidence of its ability to pay the proffered wage of $71,900 per year from the priority date onward.
Net Income and Net Current Assets: The Petitioner’s tax returns for 2016-2018 showed negative net income and net current assets well below the proffered wage.
Totality of Circumstances: The Petitioner did not demonstrate a sustained history of growth or other factors under the totality of circumstances analysis to establish its ability to pay the proffered wage.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a business analyst. The role involves analyzing business operations, developing strategies to improve efficiency and profitability, and supporting the overall management of the gelato coffee shop.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Beneficiary’s proposed endeavor. The primary focus was on the Petitioner’s financial ability to pay the proffered wage.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, federal income tax return for 2017, and a balance sheet as of October 31, 2018.
Further Submission on Appeal: Provided additional tax returns for 2016 and 2018, financial documents, and arguments addressing the Director’s findings.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the Petitioner’s financial documentation, which did not demonstrate the ability to pay the proffered wage. The tax returns and balance sheet showed negative net income and net current assets below the required amount.
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:
Federal Tax Returns (2016-2018): Showed negative net income and net current assets below the proffered wage.
Balance Sheet (2018): Showed net current assets of $22,412.47, below the proffered wage.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed.
Reasoning:
The Petitioner did not meet the burden of proof required to establish eligibility for the immigration benefit sought. The financial documentation provided did not demonstrate the Petitioner’s ability to pay the proffered wage of $71,900 per year from the priority date onward. The Petitioner’s net income and net current assets were consistently below the proffered wage, and additional factors under the totality of circumstances analysis did not support the Petitioner’s ability to pay. As a result, the initial decision to deny the petition was upheld, and the motions to reopen and reconsider were dismissed.
