Date of Decision: March 9, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT Consulting Services
Petitioner Information
Profession: Management Analyst
Field: IT Consulting Services
Nationality: [Not specified]
Summary of Decision
Initial Decision: Approved, then Revoked
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Continuing Ability to Pay Proffered Wage
The Petitioner provided W-2 Forms and other evidence showing actual payment of the full proffered wage in 2014 and 2015, as well as net current assets in 2013.
Beneficiary’s Qualifications
The Beneficiary met all the education, training, and experience requirements specified on the labor certification as of the priority date.
Criteria Not Met:
No unmet criteria were specified in the decision
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to employ the Beneficiary as a management analyst, which involves providing IT consulting services.
Substantial Merit and National Importance:
The Petitioner demonstrated that the employment of the Beneficiary holds substantial merit and is of national importance through consistent payment of the proffered wage and the Beneficiary’s qualifications.
Supporting Evidence:
The Petitioner submitted W-2 Forms, financial statements, and additional documentation to prove the ability to pay the proffered wage and the Beneficiary’s qualifications.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation:
W-2 Forms for 2014 and 2015, demonstrating payment of the proffered wage
Financial statements showing net current assets for 2013
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
Reasoning:
The Petitioner successfully demonstrated the continuing ability to pay the proffered wage from the priority date up to the present.
The Beneficiary had all the necessary qualifications as required by the labor certification.
