Date of Decision: November 24, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Development and Consulting Services
Petitioner Information
Profession: Consultant
Field: Information Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and Remanded
Evidentiary Criteria Analysis
Criteria Met:
None identified as met.
Criteria Not Met:
Ability to Pay Proffered Wage: The Petitioner did not demonstrate the ability to pay the combined proffered wages of this and other petitions filed that remained pending or approved.
Documentation Requirements: The Petitioner failed to provide sufficient financial documentation to prove its ability to pay the proffered wage.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as a Consultant, providing information technology development and consulting services.
Substantial Merit and National Importance:
Ability to Pay: The Director concluded that the Petitioner did not demonstrate its ability to pay the combined proffered wages of this and other pending or approved petitions.
Financial Documentation: The Petitioner did not provide required financial documents such as annual reports, federal income tax returns, or audited financial statements to support its claim of ability to pay.
Supporting Evidence:
Wage and Tax Statement: The Petitioner submitted an IRS Form W-2 indicating payment of $80,359.70 to the Beneficiary in 2016, which did not meet the proffered wage of $113,235.
Additional Financial Evidence: The required financial evidence for 2016 was not available at the time of the initial decision but should be attainable for further proceedings.
Inconsistencies in Proposed Endeavor:
Proffered Wage Payments: The Petitioner paid the Beneficiary less than the proffered wage in 2016, necessitating a demonstration of ability to pay the combined proffered wages of this and other petitions.
Supporting Documentation
Letters of Intent: Not provided.
Business Plan: Not provided.
Advisory Letter: Not provided.
Any Other Supporting Documentation: Not provided.
Conclusion
Final Determination: The appeal was withdrawn and the case was remanded for further proceedings.
Reasoning: The Petitioner did not demonstrate its ability to pay the proffered wage with the available financial documentation. The Director is to request additional evidence and review the entire record to make a new decision.
