Date of Decision: September 25, 2015
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: Unspecified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criteria 1: Demonstration of substantial merit and national importance of the proposed endeavor. The petitioner established that the position of marketing analyst holds significant value to the business and potentially to the broader industry.
Criteria 2: Presentation of a valid job offer and the beneficiary’s qualifications for the position. The beneficiary holds the necessary advanced degree and relevant experience as required for the job.
Criteria Not Met:
Criteria 1: Ability to pay the proffered wage. The petitioner failed to demonstrate consistent financial capacity to pay the beneficiary the proffered wage from the priority date onwards.
Criteria 2: Realistic nature of the job offer. The petitioner’s financial documentation did not support the viability of the job offer as realistic and sustainable.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a catering services business, seeks to employ the beneficiary as a marketing analyst. The endeavor involves developing and implementing marketing strategies to enhance the business’s market presence and competitiveness.
Substantial Merit and National Importance:
The proposed endeavor holds substantial merit as the marketing analyst role is crucial for the business’s strategic growth. The business’s success could contribute positively to the industry by introducing innovative marketing practices.
Supporting Evidence:
- Letters of Intent: Provided evidence of intent to employ the beneficiary, highlighting the importance of the marketing analyst role.
- Business Plans: Included comprehensive business plans detailing the strategic importance of the marketing position.
- Advisory Letters: Contained letters from industry experts supporting the necessity and impact of the marketing analyst role.
Inconsistencies in Proposed Endeavor:
The primary inconsistency noted was the petitioner’s ability to pay the proffered wage. The financial documentation presented did not sufficiently demonstrate that the petitioner could consistently meet the wage requirements from the priority date.
Supporting Documentation
Letters of Intent:
Highlighted the strategic importance of the marketing analyst position to the business’s growth and competitiveness.
Business Plan:
Provided a detailed roadmap of the business’s marketing strategies and the expected contributions of the marketing analyst.
Advisory Letters:
Contained expert opinions affirming the substantial merit and national importance of the marketing analyst role within the business context.
Any other supporting documentation:
Included financial statements, tax returns, and bank records which were intended to demonstrate the petitioner’s financial capability but ultimately fell short of proving consistent ability to pay the proffered wage.
Conclusion
Final Determination:
The appeal was dismissed due to insufficient evidence of the petitioner’s ability to pay the proffered wage from the priority date and inconsistencies in demonstrating the realistic nature of the job offer.
Reasoning:
The decision was based on a comprehensive review of the petitioner’s financial documentation, which failed to establish the continuing ability to pay the proffered wage. Additionally, the totality of circumstances did not support the viability of the job offer as realistic and sustainable.