Date of Decision: April 24, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Clinical Research Coordination
Petitioner Information
Profession: Clinical Research Coordinator
Field: Clinical Research
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Affiliated Entity’s Financial Record: The Petitioner argued that the Director should consider the financial records of its affiliated entity.
Historical Profitability and Uncharacteristic Expenses: The Petitioner presented evidence of historical profitability and claimed uncharacteristic expenses that were not adequately considered.
Criteria Not Met:
Ability to Pay: The Petitioner did not initially demonstrate the ability to pay the proffered wage of $141,544 per year from the priority date of February 8, 2018, onward.
Regulatory Compliance: The Director concluded that the Petitioner did not provide the required evidence, such as annual reports, federal tax returns, or audited financial statements, for the year 2018.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a clinical research coordinator. This role involves overseeing clinical trials, ensuring compliance with regulatory requirements, and managing data collection and analysis to advance medical research.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Petitioner’s proposed endeavor in clinical research. The focus was primarily on the financial ability to pay the proffered wage.
Supporting Evidence:
Initial Submission: Included financial statements and historical data to demonstrate the Petitioner’s financial stability and profitability.
Further Review: Required additional evidence for the year 2018, such as federal tax returns or audited financial statements, to prove the ability to pay the proffered wage from the priority date onward.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor itself. The primary issue was the lack of sufficient evidence to demonstrate the ability to pay the proffered wage.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
Financial Records: Provided historical financial data but needed to include 2018 documentation to comply with regulatory requirements.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the case was remanded for further review.
Reasoning:
The Petitioner did not initially meet the burden of proof required to establish the ability to pay the proffered wage from the priority date onward. The Director is instructed to request the required evidence for 2018 and consider the totality of circumstances, including the Petitioner’s historical profitability and any uncharacteristic expenses. The Petitioner must provide comprehensive financial documentation to support its claim and demonstrate the ability to meet wage obligations. The remand allows the Petitioner to address these requirements and present a complete case for reconsideration.
