Date of Decision: September 10, 2019
Service Center: Nebraska 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 Specialist
Field: Business Development
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Professional Standing: Recognized as a business development specialist with relevant experience.
Criteria Not Met:
Improper Filing: The petition was improperly filed due to the omission of the attorney’s handwritten signature.
Ability to Pay Proffered Wage: The petitioner did not demonstrate the ability to pay the proffered wage from the priority date onward.
Minimum Experience Requirements: The beneficiary did not meet the minimum experience requirements as stated in the labor certification.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to employ the beneficiary as a business development specialist to enhance market presence and expand business opportunities in the garment manufacturing industry.
Substantial Merit and National Importance:
While the endeavor’s merit in improving business operations is acknowledged, it was not deemed to have a substantial national impact warranting a national interest waiver.
Supporting Evidence:
Signature Issues: The petition was denied primarily due to the stamped signature of the attorney, which is not acceptable under USCIS regulations.
Wage and Tax Statements: Submitted IRS Forms W-2 showing wages paid to the beneficiary in 2017 and 2018.
Federal Tax Returns: Provided for 2016, but lacked required documentation for 2017 and 2018.
Inconsistencies in Proposed Endeavor:
The petitioner’s financial statements showed discrepancies in the ability to pay the proffered wage consistently. Additionally, the beneficiary’s previous employment experience was not sufficiently documented.
Supporting Documentation
Letters of Intent: Not applicable as the NIW does not require a specific job offer.
Business Plan: Not provided.
Advisory Letter: Included, but did not sufficiently address national importance.
Other Documentation: IRS Forms W-2, federal income tax returns, payroll records, and a profit-and-loss statement for 2018.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not adequately demonstrate its ability to pay the proffered wage and the beneficiary’s qualifying experience in the job offered.
Reasoning:
The decision emphasized the need for consistent financial capability to pay the proffered wage from the priority date onward. Additionally, the discrepancies in the beneficiary’s prior employment experience and the company’s financial documentation led to the dismissal of the appeal.
