Date of Decision: April 2, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare Staffing
Petitioner Information
Profession: Healthcare Staffing Company
Field: Physical Therapy
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Comprehensive Ability to Pay Wage:
The petitioner failed to demonstrate the ability to pay the combined wages of all beneficiaries for whom it had filed Form I-140 petitions. USCIS records showed multiple filings, and the petitioner did not provide sufficient details on each case, such as priority dates, offered wages, and the status of each petition.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a healthcare staffing company, aimed to employ the beneficiary as a physical therapist under the EB-2 category, which does not require labor market testing.
Substantial Merit and National Importance:
The case focused on whether the petitioner could consistently pay the proffered wage to the beneficiary and other beneficiaries of their I-140 petitions, thus impacting the substantial merit and national importance evaluation.
Supporting Evidence:
The petitioner submitted a chart listing Form I-140 petitions filed during 2017 and 2018, pay stubs, and a bank statement. However, the provided list was incomplete and did not include details on many petitions, particularly those filed for physical therapists with higher prevailing wages.
A bank statement was included, but it did not meet the regulatory requirements for demonstrating ability to pay.
Inconsistencies in Proposed Endeavor:
Incomplete information regarding the status and wage obligations of all filed petitions led to uncertainty about the petitioner’s ability to meet wage commitments consistently.
Supporting Documentation
Letters of Intent:
Not specified in the decision.
Business Plan:
Not specified in the decision.
Advisory Letter:
Not specified in the decision.
Other Supporting Documentation:
Pay stubs indicating payment of $30 per hour to the beneficiary.
A bank statement for June 2018, which was not considered sufficient to demonstrate sustained ability to pay.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not establish its ability to pay the proffered wage since the priority date.
Inadequate documentation on the petitioner’s ability to pay all beneficiaries of its I-140 petitions led to the dismissal of the appeal.
Next Steps:
The petitioner should ensure comprehensive documentation of its financial ability to pay all beneficiaries of its filed I-140 petitions.
Providing complete and accurate details of each petition, including priority dates, proffered wages, and current statuses, is crucial for future filings.
Cite as Matter of U-C- INC., ID# 2521234 (AAO Apr. 2, 2019).
