Date of Decision: March 10, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Enhanced Ultrasound Imaging Systems
Petitioner Information
Profession: Chief Technology Officer
Field: Enhanced Ultrasound Imaging Systems
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
No criteria were specified as met in the decision
Criteria Not Met:
Ability to Pay Proffered Wage
The Petitioner failed to demonstrate its continuing ability to pay the proffered wage from the petition’s priority date onward, as required by 8 C.F.R. § 204.5(g)(2).
Bona Fides of the Job Opportunity
The record did not establish the bona fides of the job opportunity due to questions regarding the Beneficiary’s role as the Petitioner’s president and the good-faith nature of the company’s recruitment for the offered position.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a Chief Technology Officer (CTO) to develop enhanced ultrasound imaging systems.
Substantial Merit and National Importance:
The Petitioner failed to demonstrate substantial merit and national importance due to the inability to prove financial stability and the genuine nature of the job opportunity.
Supporting Evidence:
The Petitioner submitted IRS Form W-2 for 2015, financial statements, and additional documentation, but these were insufficient to establish the ability to pay the proffered wage.
Despite claims of significant equity funding, the Petitioner was unable to pay the full proffered wage to the Beneficiary in 2015.
Inconsistencies in Proposed Endeavor:
The Beneficiary was listed as the Petitioner’s president on multiple documents, raising questions about the control and influence over the hiring process for the offered position.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation:
IRS Form W-2 for 2015 showing partial payment of the proffered wage
Financial statements and tax returns indicating negative net income and net current assets
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied.
Reasoning:
The Petitioner failed to demonstrate the ability to pay the proffered wage and the bona fides of the job opportunity. The evidence did not support the financial capability to meet the wage requirements, nor did it confirm the genuine availability of the job to U.S. workers.
