EB-2 NIW USCIS Appeal Review – Profession: Marketing Analyst – Nationality: [Not Specified] – APR222016_01B5203
Date of Decision: April 22, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing Analysis
Petitioner Information
Profession: Marketing Analyst
Field: Marketing Analysis
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner provided evidence of an approved ETA Form 9089 labor certification, establishing the priority date as April 8, 2013.
Criterion 2: The Petitioner demonstrated that the Beneficiary holds an advanced degree, qualifying them for the EB-2 category.
Criteria Not Met:
Criterion 1: The Petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onwards.
Criterion 2: The Petitioner did not provide sufficient evidence to prove that the job offer was bona fide and open to all qualified U.S. workers.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks to employ the Beneficiary as a marketing analyst, responsible for analyzing market trends and developing marketing strategies to improve the company’s telecommunications marketing business.
Substantial Merit and National Importance:
The proposed endeavor has substantial merit in the marketing field, contributing to the company’s growth and competitiveness in the telecommunications market. However, the national importance of the endeavor was not sufficiently demonstrated to meet the required standard.
Supporting Evidence:
The Petitioner provided evidence of recruitment efforts, federal tax returns, and a detailed comparison of job duties. Despite this, the evidence did not meet the regulatory requirements for demonstrating the ability to pay the proffered wage and the bona fide nature of the job offer.
Inconsistencies in Proposed Endeavor:
The primary issues were the failure to demonstrate the ability to pay the proffered wage from the priority date and the lack of evidence showing that the job offer was bona fide and open to all qualified U.S. workers. The Petitioner’s financial records did not support the claimed ability to pay the proffered wage, and the job offer’s legitimacy was questioned.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation: Federal tax returns, recruitment documentation, and comparison of job duties.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not establish the ability to pay the Beneficiary’s proffered wage from the priority date onward. Additionally, the Petitioner did not provide sufficient evidence to demonstrate that the job offer was bona fide and open to all qualified U.S. workers. The failure to meet these regulatory requirements resulted in the denial of the petition.
Download the Full Petition Review Here
In Re: D-C-N-, Inc., APR222016_01B5203.pdf
