Date of Decision: September 20, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Management Analysis
Petitioner Information
Profession: Management Analyst
Field: Management Analysis
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner established its ability to pay the proffered wage in 2014.
Criteria Not Met:
The labor certification did not support the classification of the Beneficiary as an advanced degree professional due to the lack of a minimum educational requirement.
The Petitioner did not establish that the Beneficiary met the experience requirements as specified in the labor certification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a finished carpentry contracting company, seeks to employ the Beneficiary as a management analyst under the advanced degree professional classification.
Substantial Merit and National Importance:
The decision did not address the substantial merit and national importance of the Beneficiary’s proposed endeavor due to the focus on the educational qualifications and experience requirements.
Supporting Evidence:
Financial Capability: The Petitioner demonstrated its ability to pay the proffered wage by showing net current assets exceeding the proffered wage.
Experience Letters: Updated letters were provided, but they were not considered on the motion to reconsider as new evidence is not admissible in such motions.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the Petitioner’s failure to establish that the labor certification required at least a bachelor’s degree and that the Beneficiary met the specified experience requirements.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Not applicable.
Conclusion
Final Determination: Denied. The motion to reconsider was granted in part regarding the ability to pay the proffered wage but denied regarding the labor certification and experience requirements.
Reasoning:
The Petitioner demonstrated its ability to pay the proffered wage in 2014. However, the labor certification did not support the classification of the Beneficiary as an advanced degree professional due to the lack of a specified minimum educational requirement. Additionally, the Petitioner failed to establish that the Beneficiary met the required experience as specified in the labor certification. Therefore, the motion to reconsider was denied on these grounds.
