Date of Decision: December 30, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Accounting
Petitioner Information
Profession: Controller
Field: Accounting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Required Education: The Beneficiary did not possess a U.S. master’s degree or foreign equivalent degree in accounting.
Ability to Pay: The Petitioner failed to demonstrate the ability to pay the proffered wage consistently.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a controller, requesting classification as an advanced degree professional.
Substantial Merit and National Importance:
The decision did not delve into substantial merit and national importance due to the Beneficiary’s failure to meet basic educational and financial requirements.
Supporting Evidence:
The Petitioner provided educational documents and credentials evaluations that were insufficient to establish the required educational equivalency.
Financial documents, including tax returns and net income statements, did not demonstrate sufficient ability to pay the proffered wage.
Inconsistencies in Proposed Endeavor:
The Beneficiary’s educational qualifications did not align with the requirements of the labor certification, which specified a need for a master’s degree in accounting.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Not applicable
Advisory Letter:
Not applicable
Any other supporting documentation:
Various credentials evaluations and financial documents were submitted, but they conflicted and did not conclusively meet the petition’s requirements.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Beneficiary did not meet the minimum educational requirements specified in the labor certification.
The Petitioner failed to establish the ability to pay the proffered wage from the priority date onward.
