Date of Decision: January 5, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Technology Job Portal and Technology Professional Services
Petitioner Information
Profession: Computer Systems Analyst
Field: Technology Job Portal and Technology Professional Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Net Income: The Petitioner reported a net income of $100,821 in 2014 and $76,138 in 2015, which was sufficient to cover the individual proffered wage difference for the Beneficiary.
Criteria Not Met:
Net Current Assets: The Petitioner’s net current assets were reported as $0 in 2014, and while they were $144,484 in 2015, inconsistencies in the Petitioner’s tax returns made this information not credible.
Proffered Wage Obligation: The Petitioner had multiple Form I-140 beneficiaries, and their combined proffered wages exceeded the Petitioner’s net income and net current assets.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a business providing a technology job portal and professional services, sought to employ the Beneficiary as a computer systems analyst. The Beneficiary’s role was essential to the company’s operations and growth in the technology services sector.
Substantial Merit and National Importance:
Summary: The Petitioner’s business and the Beneficiary’s role were significant for the technology sector, contributing to job creation and providing professional services to clients.
Key Quotes: The decision noted that while the Petitioner’s business had potential merit, it did not establish substantial national importance required for the EB-2 NIW classification.
Supporting Evidence:
Summary: The Petitioner submitted financial documents, tax returns, and a list of other Form I-140 beneficiaries to support their claim of ability to pay the proffered wage.
- Key Quotes: The documentation showed discrepancies in financial reporting, particularly in the net current assets and accounts payable.
Inconsistencies in Proposed Endeavor:
Summary: The Petitioner’s financial statements had inconsistencies, such as the discrepancy between assets and liabilities in consecutive tax years, and unexplained accounts payable for a cash basis taxpayer.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided IRS Forms W-2 for the Beneficiary and tax returns, but these documents did not establish the ability to pay the proffered wage.
Conclusion
Final Determination: Denied
Reasoning:
The Petitioner failed to establish the ability to pay the proffered wage for the Beneficiary from the priority date onward.
Inconsistencies in financial documentation undermined the credibility of the Petitioner’s claims.
The overall magnitude of the Petitioner’s business activities did not demonstrate the ability to meet the proffered wage obligation for multiple beneficiaries.
Download the Full Petition Review Here
In Re: II-J-, Inc., JAN052017_01B5203.pdf
