Date of Decision: November 13, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Recruitment
Petitioner Information
Profession: Lawyer
Field: Legal Recruitment
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner provided sufficient evidence of the Beneficiary’s qualifications for the position.
Criterion 2: The Petitioner demonstrated its continuing ability to pay the proffered wage from the priority date onward.
Criteria Not Met:
Criterion 1: Initially, the Petitioner did not submit sufficient evidence to establish its ability to pay the proffered wage.
Criterion 2: The initial documentation did not cover the most recent financial year at the time of filing.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was to be employed as a lawyer by the Petitioner, a legal recruitment agency.
Substantial Merit and National Importance:
The petition highlighted the importance of qualified lawyers in the field of legal recruitment, contributing to the legal profession by ensuring the placement of skilled legal professionals in appropriate roles.
Supporting Evidence:
The Petitioner submitted financial documents, including tax returns, to establish its ability to pay the proffered wage.
The Petitioner’s 2016 tax returns and other financial evidence demonstrated sufficient net income to cover the proffered wage.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor; the initial denial was primarily based on insufficient financial documentation.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided tax returns and financial statements to demonstrate the ability to pay the proffered wage.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner provided sufficient financial documentation on appeal to demonstrate the continuing ability to pay the proffered wage from the priority date onward. This included 2016 tax returns showing adequate net income, which resolved the initial grounds for denial.
Download the Full Petition Review Here
In Re: D-P-, LLC, NOV132017_01B5203.pdf
