Date of Decision: September 8, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Marketing Research
Petitioner Information
Profession: Marketing Research Analyst
Field: Marketing Research
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
[Description Not Provided in Document]
Criteria Not Met:
Ability to Pay: The petitioner failed to establish the ability to pay the proffered wage from the priority date onward.
Financial Documentation: The submitted financial documents were insufficient to prove the petitioner’s financial capability.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a marketing research analyst.
Substantial Merit and National Importance:
The appeal did not sufficiently demonstrate the substantial merit and national importance of the beneficiary’s proposed endeavor. The evidence did not meet the necessary regulatory requirements.
Supporting Evidence:
Bank Statements: Submitted bank statements were deemed insufficient as they only reflect funds available at specific points in time, not a sustainable ability to pay the proffered wage.
W-2 and Tax Statements: The W-2 and tax statements provided did not cover the full required amount of the proffered wage.
Amended Tax Return: The petitioner’s amended tax return was not accepted as it did not account for all beneficiaries’ wages.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the proposed endeavor itself, but the financial evidence was found lacking.
Supporting Documentation
Letters of Intent:
Not specifically detailed in the document.
Business Plan:
Not specifically detailed in the document.
Advisory Letter:
Not specifically detailed in the document.
Any Other Supporting Documentation:
The submission included an independent audit and amended tax returns, which were insufficient to establish financial capability.
Conclusion
The appeal was denied. The petitioner did not provide sufficient evidence to establish its ability to pay the proffered wage, nor did it demonstrate the substantial merit and national importance of the beneficiary’s work to qualify for an EB-2 NIW.
Download the Full Petition Review Here
In Re: SEP082017_01B5203
Document Name: SEP082017_01B5203
