Date of Decision: June 13, 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
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Ability to Pay Proffered Wage: The Petitioner failed to demonstrate the ability to pay the proffered wage of $71,900 per year through sufficient net income or net current assets.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, A-L- LLC, sought to employ the Beneficiary as a business analyst for their gelato shop.
Substantial Merit and National Importance:
The Petitioner did not provide sufficient evidence to demonstrate that the employment of the Beneficiary as a business analyst would be of substantial merit and national importance.
The Director’s request for an audited financial statement to substantiate the company’s ability to pay was not met by the Petitioner.
Supporting Evidence:
Financial Statements: The Petitioner submitted an unaudited balance sheet and a federal income tax return for 2017 showing a net income of -$24,256 and net current assets of $35,768, both insufficient to cover the proffered wage.
Inconsistencies in Proposed Endeavor:
The financial documentation provided by the Petitioner did not meet the requirements set by USCIS, specifically the lack of audited financial statements.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not provided
Advisory Letter: Not provided
Any other supporting documentation: Balance sheet and tax returns
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not meet the burden of proof required to demonstrate the ability to pay the proffered wage from the priority date onward.
The unaudited financial statements submitted were insufficient as per USCIS regulations.
