Date of Decision: May 31, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Lead Java Developer
Field: Information Technology
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Net Income and Net Current Assets: The petitioner demonstrated sufficient net income and net current assets to meet the proffered wage requirements.
Wages Paid: The petitioner paid substantial wages to the beneficiary, demonstrating a commitment to meeting the proffered wage.
Criteria Not Met:
None: The petitioner met all necessary criteria after submitting additional evidence on appeal.
Key Points from the Decision
Proposed Endeavor:
The petitioner, an information technology consulting company, sought to employ the beneficiary as a lead Java developer. The role required advanced expertise in Java development and significant experience in the IT industry.
Substantial Merit and National Importance:
The petitioner’s endeavor to employ the beneficiary as a lead Java developer was considered to have substantial merit and national importance due to the critical nature of IT development in modern business operations.
Supporting Evidence:
Financial Documentation: The petitioner submitted copies of federal income tax returns for 2014 and 2015, demonstrating net income of $387,033 and $724,157, respectively, and net current assets of $245,189 and $959,476, respectively.
Wage Statements: The petitioner provided an IRS Form W-2 indicating that it paid the beneficiary $86,554.67 in 2015.
Other Petitions: The petitioner provided evidence of its ability to pay the combined proffered wages of this and other petitions, showing a total proffered wage burden of $4,785,216 in 2015, which was met by the petitioner’s net income and net current assets.
Inconsistencies in Proposed Endeavor:
None: The petitioner’s documentation was consistent and supported the ability to meet wage obligations.
Supporting Documentation
Letters of Intent: Not provided.
Business Plan: Not provided.
Advisory Letter: Not provided.
Any Other Supporting Documentation: Provided financial statements and tax returns that demonstrated the petitioner’s financial stability and ability to pay.
Conclusion
Final Determination: The appeal was approved. The petitioner demonstrated the ability to pay the proffered wage and met all necessary criteria for the EB-2 NIW classification.
Reasoning: The petitioner provided sufficient evidence of financial capability, including net income and net current assets, to meet the proffered wage requirements.
