Date of Decision: November 29, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Industrial Engineering
Petitioner Information
Profession: Industrial Engineer
Field: Industrial Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Hourly Wage Rate: Petitioner provided evidence that the Beneficiary was paid an hourly rate equivalent to the proffered wage rate since August 12, 2016.
Criteria Not Met:
Full Proffered Wage: The Petitioner did not establish that it paid the Beneficiary the full proffered wage in any year.
Net Income and Net Current Assets: The Petitioner’s net income and net current assets for 2015 and 2016 were insufficient to cover the proffered wage.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an upholstery company, seeks to employ the Beneficiary as an industrial engineer, contributing to the company’s operations and development.
Substantial Merit and National Importance:
The position holds substantial merit and national importance due to the specialized nature of industrial engineering in the upholstery industry.
Supporting Evidence:
The Petitioner provided bi-weekly pay statements, federal tax returns for 2015 and 2016, and bank statements to support its financial capacity.
The Director found the financial evidence insufficient and did not demonstrate the continuing ability to pay the proffered wage from the priority date onward.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any Other Supporting Documentation:
The Petitioner provided additional financial documents, including bank statements and pay stubs, but these were not sufficient to establish the ability to pay the proffered wage.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to demonstrate its continuing ability to pay the proffered wage from the priority date onward. The financial records for 2015 and 2016 did not show adequate net income or net current assets, and additional financial evidence was found insufficient.
