Date of Decision: October 13, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering
Petitioner Information
Profession: Electrical Design Engineer
Field: Electrical Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: The petitioner provided payroll records indicating employment and salary rates for the beneficiary.
- Criterion 2: Documentation of securement of a government project contract was submitted.
Criteria Not Met:
- Criterion 1: The petitioner failed to demonstrate its continuous ability to pay the proffered wage from the petition’s priority date onward.
- Criterion 2: The beneficiary’s qualifying experience for the offered position was not sufficiently established.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a designer and manufacturer of electronic sensors, proposed to employ the beneficiary as an electrical design engineer.
Substantial Merit and National Importance:
The appeal was dismissed due to the failure to establish the ability to pay the proffered wage and the beneficiary’s qualifying experience. The petitioner’s inability to consistently meet the proffered wage criteria and discrepancies in employment documentation were significant factors.
Supporting Evidence:
The petitioner submitted payroll records, tax returns, and a government project contract proposal. However, inconsistencies and lack of continuous payment documentation weakened the case.
Inconsistencies in Proposed Endeavor:
The petitioner’s payroll records indicated irregular payment schedules, casting doubt on the ability to pay the beneficiary. Discrepancies in the dates and job titles related to the beneficiary’s employment further complicated the evidence.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
The petitioner’s president provided a letter in support, stating the beneficiary’s long-term employment. However, inconsistencies in job titles and employment periods were noted.
Any other supporting documentation:
The petitioner’s tax returns for 2013 and 2014 showed negative net income and net current assets, failing to demonstrate financial capability.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence of the petitioner’s ability to pay the proffered wage and discrepancies in the beneficiary’s qualifying experience.
Reasoning: The petitioner failed to resolve inconsistencies and provide continuous proof of financial capability. The discrepancies in employment documentation further undermined the petition.
