Date of Decision: January 26, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education
Petitioner Information
Profession: Instructional Coordinator
Field: Education
Nationality: [Nationality]
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.
Successor-in-Interest Relationship: The Petitioner failed to adequately document the transfer of ownership and establish a successor-in-interest relationship.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an education business, sought to employ the Beneficiary as an Instructional Coordinator. The role involved developing educational materials, coordinating instructional content, and overseeing curriculum implementation.
Substantial Merit and National Importance:
Summary: The Beneficiary’s role in education was deemed important for the company’s operations. However, the Petitioner failed to meet the financial requirements and properly document the transfer of ownership, which impacted the petition’s approval.
Key Quotes: The decision stated, “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 of December 27, 2010 onward.”
Supporting Evidence:
Summary: The Petitioner provided federal tax returns and a business purchase agreement to support the Beneficiary’s qualifications. However, the evidence did not demonstrate the ability to pay the proffered wage or adequately document the transfer of ownership.
Key Quotes: The decision noted, “The Petitioner has not provided any evidence to substantiate what would have changed within its financial outlook to demonstrate the ability to pay the Beneficiary’s proffered wage at that time.”
Inconsistencies in Proposed Endeavor:
Summary: The primary inconsistencies were related to the ability to pay the proffered wage and the documentation of the transfer of ownership. The Petitioner failed to demonstrate the successor-in-interest relationship and the financial capability required.
Key Quotes: The decision emphasized that the Petitioner “did not submit any new facts supported by affidavits or documentary evidence in reference to its 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, a business purchase agreement, and ownership transfer documents, but these were insufficient to establish the required financial stability and successor-in-interest relationship.
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 properly document the transfer of ownership and establish a successor-in-interest relationship.
The appeal was dismissed due to the failure to meet the specific financial and documentation requirements for the advanced degree professional classification.
Download the Full Petition Review Here
In Re: UCE-C-, JAN262017_04B5203.pdf
