Date of Decision: September 6, 2019
Service Center: Texas 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: Financial Analysis
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Professional Standing: The beneficiary was recognized as a financial analyst with relevant experience.
Criteria Not Met:
Ability to Pay Proffered Wage: The petitioner did not demonstrate its ability to pay the proffered wage consistently from the priority date onward.
Minimum Experience Requirements: The beneficiary did not meet the minimum experience requirements as stated in the labor certification.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to employ the beneficiary as a financial analyst, contributing to residential construction and remodeling services by providing financial analysis to enhance business operations and profitability.
Substantial Merit and National Importance:
The endeavor’s merit lies in improving financial operations within the company, which indirectly supports the construction and remodeling industry. However, it was not deemed to have a substantial national impact.
Supporting Evidence:
Wage and Tax Statements: Submitted IRS Forms W-2 showing wages paid to the beneficiary in 2017 and 2018.
Federal Tax Returns: Provided for 2017 and 2018, showing the company’s net income and net current assets.
Inconsistencies in Proposed Endeavor:
The petitioner’s financial statements showed discrepancies in the ability to pay the proffered wage consistently. Additionally, the beneficiary’s previous employment experience was not sufficiently documented.
Supporting Documentation
Letters of Intent: Not applicable as the NIW does not require a specific job offer.
Business Plan: Not provided.
Advisory Letter: Included, but did not sufficiently address national importance.
Other Documentation: IRS Forms W-2, federal income tax returns, payroll records, and a profit-and-loss statement for 2018.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not adequately demonstrate its ability to pay the proffered wage and the beneficiary’s qualifying experience in the job offered.
Reasoning:
The decision emphasized the need for consistent financial capability to pay the proffered wage from the priority date onward. Additionally, the discrepancies in the beneficiary’s prior employment experience and the company’s financial documentation led to the dismissal of the appeal.
