EB-2 NIW USCIS Appeal Review – Law Clerk – JAN132015_01B5203


Date of Decision: January 13, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Law


Petitioner Information

Profession: Law Clerk
Field: Law
Nationality: [Not Specified]


Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed


Evidentiary Criteria Analysis

Criteria Met:

  • Criterion 1: [Not specified in the document]
  • Criterion 2: [Not specified in the document]

Criteria Not Met:

  • Ability to Pay Proffered Wage: The petitioner did not provide sufficient evidence of its ability to pay the proffered wage as required by the regulations, particularly for the years 2010, 2011, 2012, and 2013.
  • Realistic Job Offer: The job offer was not deemed realistic due to insufficient evidence of the petitioner’s financial ability to support the proffered wage.

Key Points from the Decision

Proposed Endeavor:
The petitioner, a law practice, seeks to employ the beneficiary as a law clerk.

Substantial Merit and National Importance:
The petitioner’s business is described as a law practice, but the decision focused primarily on financial capabilities rather than the specific merits and importance of the proposed endeavor.

Supporting Evidence:
The petitioner failed to provide complete federal income tax returns for 2010 and 2013 and did not adequately demonstrate monthly expenses. The evidence submitted included partial tax returns, monthly bank statements, and a statement asserting minimal monthly expenses, which were not sufficiently supported by documentary evidence.

Inconsistencies in Proposed Endeavor:

  • The petitioner claimed to have minimal monthly expenses yet the bank statements suggested higher expenditures.
  • The work location listed on the labor certification differed from the actual business address, raising questions about the validity of the job offer.

Supporting Documentation

Letters of Intent: Not provided in the document.
Business Plan: Not provided in the document.
Advisory Letter: Not provided in the document.
Any Other Supporting Documentation: The petitioner provided partial tax returns and bank statements, but these were insufficient to establish the ability to pay the proffered wage.


Conclusion

Final Determination: The appeal was dismissed due to the petitioner’s failure to demonstrate the ability to pay the proffered wage and the realistic nature of the job offer.

Reasoning: The decision was based on the petitioner’s incomplete submission of financial evidence, lack of consistency in claimed expenses, and failure to support the job offer with adequate documentation.


Download the Full Petition Review Here

Izu Okafor
Izu Okafor

Izu Okafor is a filmmaker, project manager, and video editor with a rich background in the film industry. He has refined his craft under the mentorship of industry giants like AMAA VFx Winner Stephen Onaji Onche and AMVCA-winning producer Chris Odeh. Izu is one of 60 participants in the prestigious British Council Film Lab Africa Accelerator Program. His experience spans roles at Sixar Studio, Sozo Films, and Hanuluo Studios, with work on projects like "Wahala" and "Chiugo." He recently produced his debut feature, "Dinobi," which has garnered international festival recognition. Beyond filmmaking, Izu is dedicated to social entrepreneurship and youth empowerment, mentoring future leaders through Uncommon Me International.

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