Date of Decision: November 18, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer and Information Systems
Petitioner Information
Profession: Computer and Information Systems Manager
Field: Computer Science
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Ability to Pay Proffered Wage: The petitioner demonstrated the ability to pay the proffered wage in 2012 and 2013.
Criteria Not Met:
- Ability to Pay Proffered Wage in 2011: The petitioner did not demonstrate the ability to pay the proffered wage for all Form I-140 beneficiaries in 2011.
- Beneficiary’s Qualifications: The beneficiary did not meet the educational and experience requirements for the offered position or for classification as an advanced degree professional.
Key Points from the Decision
Proposed Endeavor:
The petitioner intended to employ the beneficiary as a Computer and Information Systems Manager.
Substantial Merit and National Importance:
The decision did not find sufficient evidence that the proposed employment of the beneficiary would serve the national interest.
Supporting Evidence:
The petitioner provided various financial documents, employment records, and letters to support the beneficiary’s qualifications and the ability to pay the proffered wage.
Inconsistencies in Proposed Endeavor:
The record contained inconsistencies regarding the beneficiary’s job titles, duties, and employment periods, casting doubt on the reliability of the evidence.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Other Supporting Documentation:
- Employment Letters: The provided letters from former employers did not consistently describe the beneficiary’s job titles and duties, resulting in insufficient proof of the beneficiary’s qualifications.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish the ability to pay the proffered wage for all relevant years and the beneficiary’s qualifications for the offered position and requested classification.
Reasoning: The primary reasons for denial were the petitioner’s inability to demonstrate the ability to pay the proffered wage in 2011 and the inconsistencies in the beneficiary’s employment history and qualifications.
