Date of Decision: January 30, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Social Customer Relationship Management (CRM) Software
Petitioner Information
Profession: Information Technology Project Manager
Field: Social Customer Relationship Management (CRM) Software
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Bona Fide Job Offer: The Petitioner established that the position offered constituted a bona fide job offer.
Criteria Not Met:
Ability to Pay Proffered Wage: The Petitioner did not demonstrate its ability to pay the Beneficiary’s proffered wage from the priority date onward. The tax returns and financial statements provided did not meet the requirements to establish the ability to pay.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a provider of social CRM software, sought to employ the Beneficiary as an Information Technology Project Manager. The role involved managing IT projects, overseeing software development, and ensuring successful implementation of CRM solutions.
Substantial Merit and National Importance:
Summary: The Beneficiary’s role in managing IT projects and developing CRM software was deemed important for the company’s operations. However, the job requirements did not align with the advanced degree and exceptional ability criteria needed for the EB-2 NIW classification.
Key Quotes: The decision stated, “The record does not establish the Petitioner’s continuing ability to pay the proffered wage from the priority date onward.”
Supporting Evidence:
Summary: The Petitioner provided federal tax returns, financial statements, and a letter from an accountant to support the Beneficiary’s qualifications. However, the evidence did not demonstrate the ability to pay the proffered wage or meet the financial requirements.
Key Quotes: The decision noted, “The financial statements reflect positive amounts of net income and net current assets, but they are unaudited and thus do not constitute reliable evidence of the Petitioner’s ability to pay the proffered wage.”
Inconsistencies in Proposed Endeavor:
Summary: The primary inconsistencies were related to the ability to pay the proffered wage. The Petitioner failed to provide audited financial statements and relied on unaudited documents, which did not meet the regulatory requirements.
Key Quotes: The decision emphasized that the Petitioner “did not submit any additional evidence that would establish that it had the ability to pay the Beneficiary the proffered wage from the priority date onward.”
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided federal tax returns, unaudited financial statements, and a letter from an accountant, but these were insufficient to establish the required financial stability and ability to pay the proffered wage.
Conclusion
Final Determination: Denied
Reasoning:
The Petitioner did not demonstrate its ability to pay the Beneficiary’s proffered wage from the priority date onward.
The Petitioner failed to provide audited financial statements or other reliable evidence to establish its financial capability.
The appeal was dismissed due to the failure to meet the specific financial requirements for the advanced degree professional classification.
Download the Full Petition Review Here
In Re: 3- LLC, JAN302017_02B5203.pdf
