Date of Decision: June 5, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Development
Petitioner Information
Profession: Business Development Manager
Field: Business Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner provided evidence indicating the beneficiary possessed the required five years of progressive post-baccalaureate experience necessary for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- Ability to Pay the Proffered Wage: The petitioner did not provide sufficient evidence demonstrating its ability to pay the proffered wage of $156,998 per year to the beneficiary.
- Bona Fide Job Opportunity: The evidence did not convincingly demonstrate that a bona fide job opportunity exists for the beneficiary with the petitioner.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a business development manager. However, the endeavor’s alignment with substantial merit and national importance was not sufficiently demonstrated.
Substantial Merit and National Importance:
The petitioner did not adequately prove the substantial merit and national importance of the proposed endeavor, impacting the overall decision.
Supporting Evidence:
The petitioner provided updated work experience letters and merger documents, but these were not sufficient to establish the ability to pay the proffered wage or the continuation of a bona fide job opportunity.
Inconsistencies in Proposed Endeavor:
The petitioner failed to reconcile inconsistencies regarding the merger and the ongoing operations, creating doubts about the actual job opportunity.
Supporting Documentation
Letters of Intent:
No specific details provided.
Business Plan:
No specific details provided.
Advisory Letter:
No specific details provided.
Any Other Supporting Documentation:
No specific details provided.
Conclusion
The appeal was denied. The petitioner did not establish the continuing ability to pay the proffered wage or the existence of a bona fide job opportunity for the beneficiary.
