Date of Decision: February 2, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medical Services
Petitioner Information
Profession: Healthcare Administrator
Field: Healthcare Administration
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
None: The Director determined that the Petitioner did not meet the necessary criteria to establish the bona fides of the job opportunity or the ability to pay the proffered wage.
Criteria Not Met:
Bona Fides of Job Offer: The Director found that the Petitioner failed to demonstrate the bona fides of the job offer, particularly due to the misrepresentation of the Beneficiary’s status as a corporate officer and his familial relationship to another officer.
Ability to Pay: The Petitioner did not provide sufficient evidence to establish its ability to pay the proffered wage as required.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a provider of medical services, sought to employ the Beneficiary as a healthcare administrator. The petition was intended to secure lawful permanent resident status for the Beneficiary based on his advanced degree and professional experience.
Substantial Merit and National Importance:
The decision does not specifically address the merit or importance of the proposed endeavor due to the focus on the validity of the job offer and the Petitioner’s ability to pay the proffered wage.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner must provide sufficient evidence to demonstrate the bona fides of the job offer and its ability to pay the proffered wage, which are critical for waiving the Labor Certification requirements.
Supporting Evidence:
The Director invalidated the accompanying labor certification after finding that the Petitioner willfully misrepresented the Beneficiary’s status as a corporate officer and his familial relationship to another officer. The Director also concluded that the Petitioner did not establish its ability to pay the proffered wage, leading to the revocation of the petition’s approval.
Inconsistencies in Proposed Endeavor:
The primary issue was the lack of evidence supporting the Petitioner’s claims regarding the job offer and its ability to pay the proffered wage. The Director found material misrepresentations that invalidated the labor certification.
Supporting Documentation
Letters of Intent:
No specific letters of intent were summarized in the decision.
Business Plan:
No specific business plan was summarized in the decision.
Advisory Letter:
No specific advisory letters were summarized in the decision.
Any Other Supporting Documentation:
The Petitioner provided insufficient documentation to meet the criteria required to establish the validity of the job offer and the ability to pay the proffered wage.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the case was remanded for further consideration.
Reasoning: The Director’s decision was withdrawn to allow for further proceedings concerning both the Petitioner and the Beneficiary, particularly regarding the Beneficiary’s eligibility to participate in revocation proceedings as an affected party. The case was remanded for the submission of additional evidence and a new decision.
