Date of Decision: May 5, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Analytics
Petitioner Information
Profession: Business Analytics Director
Field: Business Analytics
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Employment of Beneficiary with evidence of payment exceeding proffered wage.
The Beneficiary’s pay statements from December 2014 to November 2015 indicate that his annual salary exceeded the proffered wage of $51,397.
Criteria Not Met:
Submission of required initial evidence.
The Petitioner did not submit copies of its annual reports, federal tax returns, or audited financial statements for any year since the priority date of December 9, 2014, as required by 8 C.F.R. § 204.5(g)(2).
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a Business Analytics Director, asserting that he met the requirements for classification under the EB-2 NIW category.
Substantial Merit and National Importance:
The decision did not elaborate on the substantial merit and national importance due to the failure to meet the evidentiary requirements.
Supporting Evidence:
Pay statements were provided, demonstrating that the Beneficiary was paid a salary exceeding the proffered wage. However, no annual reports, federal tax returns, or audited financial statements were submitted.
Key quote: “The Petitioner is obliged to submit at least one of the three types of required documents identified in the regulation.”
Inconsistencies in Proposed Endeavor:
The Petitioner did not provide a consistent set of pay statements. Initial statements were under one employer name, while subsequent statements were under another name without explanation.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Any Other Supporting Documentation:
Pay statements indicating salary payments but no financial documents as required by regulations.
Conclusion
The appeal was dismissed. The petitioner did not submit the required documentation (annual reports, federal tax returns, or audited financial statements) to establish its continuing ability to pay the proffered wage from the priority date onward. Therefore, the Director’s denial of the petition was affirmed.
