Date of Decision: July 25, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Financial Technology
Petitioner Information
Profession: General Manager
Field: Financial Technology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary holds a U.S. bachelor’s degree in a relevant field.
The Beneficiary has attested to having more than seven years of full-time, post-baccalaureate, qualifying experience.
Criteria Not Met:
The record did not establish the bona fides of the job opportunity due to the Beneficiary’s ownership interest and management role in the company.
The Petitioner failed to provide reliable and consistent evidence of the Beneficiary’s qualifying experience.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a general manager to oversee operations and implement strategic planning in the financial technology sector.
Substantial Merit and National Importance:
The Petitioner argued that the position held substantial merit and national importance. However, the decision highlighted issues related to the availability of the position to U.S. workers, which overshadowed the evaluation of national importance.
Supporting Evidence:
The supporting evidence included the Beneficiary’s academic qualifications, employment letters, and corporate records. However, inconsistencies in employment dates and roles, as well as the lack of reliable documentation regarding stock ownership and management roles, undermined the credibility of the supporting evidence.
Inconsistencies in Proposed Endeavor:
The appeal noted several discrepancies in the employment letters submitted by the Petitioner, which presented conflicting information about the Beneficiary’s previous job titles, dates of employment, and the authenticity of the letters. Additionally, the Beneficiary’s involvement in the company’s management and ownership interest raised questions about the true availability of the job to U.S. workers.
Supporting Documentation
Letters of Intent: Not provided.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation: The documentation included corporate records and financial statements, which failed to provide clear evidence of the company’s stock structure and the Beneficiary’s role in the management.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Beneficiary did not meet the requirement of having five years of post-baccalaureate experience by the priority date. Additionally, the Petitioner did not provide sufficient evidence to establish the bona fides of the job opportunity, the ability to pay the proffered wage, or the Beneficiary’s qualifying experience for the EB-2 classification.
Download the Full Petition Review Here
In Re: T-, Inc., JUL252017_01B5203.pdf
