Date of Decision: August 10, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Analysis
Petitioner Information
Profession: Financial Analyst
Field: Real Estate Asset Management
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Educational Requirements: The Petitioner demonstrated that the position required a master’s degree in finance, meeting the advanced degree requirement.
Job Advertisement: The Petitioner provided internal and external advertisements that confirmed the educational requirements for the position.
Criteria Not Met:
Ability to Pay Proffered Wage: The Petitioner did not provide sufficient evidence to demonstrate the ability to pay the proffered wage from the priority date onward.
Documentation: The Petitioner failed to submit the necessary federal tax returns, annual reports, or audited financial statements as required by regulations.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a real estate asset management business, sought to employ the Beneficiary as a financial analyst. The proposed endeavor involved leveraging the Beneficiary’s expertise in financial analysis to enhance the company’s asset management strategies.
Substantial Merit and National Importance:
The decision confirmed that the position’s educational requirements were met, indicating the substantial merit of the Beneficiary’s role.
Key quote: “The Petitioner has provided sufficient evidence to show the actual minimum educational requirement for the job opportunity was a single U.S. master’s degree in finance and has demonstrated that the labor certification supports the requested classification.”
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
This aspect was not explicitly discussed in the decision due to the primary focus on verifying the Beneficiary’s educational qualifications and the Petitioner’s ability to pay the proffered wage.
Supporting Evidence:
Educational Documents: The Petitioner provided the Beneficiary’s master’s degree in finance and related job advertisements.
Key quote: “We do not consider the presence of Kellogg language on the labor certification to have any material effect on the interpretation of the stated minimum requirements of the job offer.”
Inconsistencies in Proposed Endeavor:
The main inconsistency was the lack of sufficient financial documentation to establish the ability to pay the proffered wage.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not provided or mentioned in the decision.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
The Petitioner provided balance sheets, the Beneficiary’s IRS Form W-2 for 2015, and pay stubs for 2016, but these were insufficient to establish the ability to pay the proffered wage.
Conclusion
Final Determination:
The appeal was remanded for further consideration.
Reasoning:
The Beneficiary’s educational qualifications were confirmed to meet the requirements of the labor certification and the EB-2 classification.
The Petitioner did not provide sufficient evidence to demonstrate the ability to pay the proffered wage from the priority date onward.
The decision emphasized the importance of comprehensive documentation to verify both the Beneficiary’s qualifications and the Petitioner’s financial capability.
This case highlights the critical need for thorough and consistent documentation in immigration petitions, particularly in demonstrating the ability to pay the proffered wage and verifying the Beneficiary’s qualifications in the EB-2 National Interest Waiver category. Proper and timely responses to evidentiary requests and comprehensive documentation are essential for successful petitions.
