Date of Decision: February 26, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Market Research
Petitioner Information
Profession: Market Research Analyst
Field: Real Estate Marketing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Ability to Pay the Proffered Wage: The petitioner failed to demonstrate this consistently.
Criteria Not Met:
- Bona Fide Job Opportunity: The petitioner failed to establish a bona fide job opportunity.
- Beneficiary’s Qualifications: The petitioner did not establish that the beneficiary met the required qualifications.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a real estate marketing business, proposed to employ the beneficiary as a Market Research Analyst. However, issues were raised regarding the petitioner’s ability to pay the proffered wage and the existence of a bona fide job opportunity.
Substantial Merit and National Importance:
The proposed endeavor of market research analysis in real estate marketing was not sufficiently demonstrated to have substantial merit and national importance. Key points included inconsistencies in the petitioner’s business operations and financial stability.
Supporting Evidence:
The evidence provided by the petitioner, including tax returns and financial statements, did not sufficiently demonstrate the ability to pay the proffered wage. Additionally, letters of intent and business plans lacked clarity and consistency.
Inconsistencies in Proposed Endeavor:
The petitioner’s financial activity and the employment history of the beneficiary showed significant inconsistencies, casting doubt on the legitimacy of the job offer and the petitioner’s capability to fulfill it.
Supporting Documentation
Letters of Intent:
No significant letters of intent were provided to support the petition.
Business Plan:
The business plan submitted by the petitioner did not adequately demonstrate the financial ability to support the beneficiary’s employment.
Advisory Letter:
No advisory letters were provided.
Any Other Supporting Documentation:
The additional documentation, including unaudited financial statements, did not meet the regulatory requirements to establish the petitioner’s ability to pay the proffered wage.
Conclusion
The appeal was dismissed. The petitioner failed to establish the continuing ability to pay the proffered wage and the beneficiary’s qualifications for the offered position. Additionally, the petitioner did not demonstrate a bona fide job opportunity.
