Date of Decision: April 24, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Systems Integration
Petitioner Information
Profession: General and Operations Manager
Field: Systems Integration
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- [None specified in the document]
Criteria Not Met:
- The record did not establish the petitioner’s continuing ability to pay the beneficiary the proffered wage from the petition’s priority date onward.
Key Points from the Decision
Proposed Endeavor:
The petitioner is a systems integration business seeking to employ the beneficiary as a general and operations manager.
Substantial Merit and National Importance:
The petitioner’s inability to demonstrate the ability to pay the proffered wage was a critical factor. The provided financial documents, including tax returns and payroll records, were insufficient to establish financial stability and the ability to sustain the proffered wage.
Supporting Evidence:
- 2013 federal income tax return
- IRS Forms W-2 for 2013 and 2014
- Payroll documentation for 2014
Inconsistencies in Proposed Endeavor:
The petitioner’s financial records showed inconsistency and insufficient funds to meet the proffered wage. There were also issues with additional compensations claimed and their compliance with regulatory requirements.
Supporting Documentation
Letters of Intent:
[None specified in the document]
Business Plan:
[None specified in the document]
Advisory Letter:
[None specified in the document]
Any Other Supporting Documentation:
- Additional compensation documents provided by the petitioner, including educational costs, life insurance, personal trip expenses, car lease, medical services, and end-of-year allowance.
Conclusion
The appeal was dismissed. The petitioner did not establish the ability to pay the proffered wage, the beneficiary’s qualifying experience, or the bona fides of the job opportunity.
