Date of Decision: September 20, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Telecommunications
Petitioner Information
Profession: Chief Operations Officer
Field: Telecommunications
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Ability to Pay the Proffered Wage (2016)
The Petitioner demonstrated its ability to pay the proffered wage in 2016 through its net income.
Totality of Circumstances
The overall magnitude of the Petitioner’s business operations supported its ability to pay the proffered wage in 2014 and 2015.
Criteria Not Met:
Ability to Pay the Proffered Wage (2014, 2015)
The Petitioner did not demonstrate its ability to pay the full proffered wage in 2014 and 2015 based on wages paid, net income, or net current assets.
Documentation
The Petitioner failed to provide sufficient documentary evidence for certain financial claims.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends for the Beneficiary to serve as Chief Operations Officer, overseeing technical operations and contributing to the company’s growth and strategic initiatives.
Substantial Merit and National Importance:
The Petitioner’s business in telecommunications holds substantial merit and national importance, given its role in advancing communication technologies and services.
Key Quote: “Based on the magnitude of the Petitioner’s operations, we conclude that it possessed the ability to pay the difference between the wages paid to the Beneficiary and the full proffered wage in 2014 and 2015.”
Supporting Evidence:
Forms W-2 and Pay Statements: Provided evidence of wages paid to the Beneficiary from 2014 to 2016.
Federal Tax Returns: Detailed the Petitioner’s net income and net current assets for 2014, 2015, and 2016.
Key Quote: “The Petitioner has established its continuing ability to pay the proffered wage from the priority date onward.”
Inconsistencies in Proposed Endeavor:
The Petitioner’s financial documentation had inconsistencies in net income and net current assets for 2014 and 2015, which initially led to the denial.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation:
Forms W-2: Detailed the Beneficiary’s wages for the relevant years.
Federal Tax Returns: Provided insight into the financial health and capabilities of the Petitioner.
The appeal was approved. The petitioner successfully demonstrated its ability to pay the proffered wage by considering the totality of circumstances and its financial health.
Download the Full Petition Review Here
In Re: Q-D-, LLC
Document Name: SEP202017_03B5203
