Date of Decision: March 8, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computer Consulting Services and Corporate Resources
Petitioner Information
Profession: Management Analyst
Field: Computer Consulting Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved, later revoked
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Not specified in the document
Criteria Not Met:
Ability to Pay Wages: The Petitioner did not demonstrate the continuing ability to pay the proffered wage of $96,400.00 per year to the Beneficiary and other I-140 beneficiaries from the priority date onwards.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, A-C-, Inc., sought to employ the Beneficiary as a management analyst. The role was claimed to involve significant contributions to the company’s operations and growth.
Substantial Merit and National Importance:
The findings did not detail specific merits or national importance related to the Beneficiary’s proposed endeavor due to the overriding financial inability to pay the wages.
Supporting Evidence:
Pay Statements and Forms W-2: Provided evidence showing wages paid to the Beneficiary in 2011, 2012, and 2013, which were lower than the proffered wages.
Federal Tax Returns: The tax returns for 2011, 2012, and 2013 demonstrated insufficient net income and net current assets to meet wage obligations.
Inconsistencies in Proposed Endeavor:
Financial Discrepancies: Significant deficiencies in wages paid to the Beneficiary and other I-140 beneficiaries were noted, with a consistent gap between the wages paid and the proffered wage for multiple years.
Supporting Documentation
Letters of Intent: Not specified in the document.
Business Plan: Not specified in the document.
Advisory Letter: Not specified in the document.
Any Other Supporting Documentation: Not specified in the document.
Conclusion
The appeal was dismissed. The Petitioner did not establish its ability to pay the proffered wage to the Beneficiary and its other I-140 beneficiaries from the priority date onward, resulting in the dismissal of the appeal.
