Date of Decision: December 29, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Operations Research Analysis
Petitioner Information
Profession: Operations Research Analyst
Field: Operations Research Analysis
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Continuing Ability to Pay: The Petitioner demonstrated its continuing ability to pay the Beneficiary the proffered wage through evidence including federal tax returns, annual reports, and audited financial statements.
- Establishment and Employment: The Petitioner provided documentation showing it was established in 2000 and employs 753 workers.
Criteria Not Met:
- Initial Determination: The Director initially determined that the Petitioner had not established its ability to pay the proffered wage beginning on the priority date.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to employ the Beneficiary as an operations research analyst, a role requiring advanced analytical and problem-solving skills to optimize the manufacturing processes and operational efficiencies of the company.
Substantial Merit and National Importance:
The role of operations research analyst is of substantial merit and national importance as it contributes to significant improvements in manufacturing efficiency and operational effectiveness, crucial for the economic growth and competitiveness of the industry.
Supporting Evidence:
The Petitioner provided substantial supporting evidence, including detailed financial statements, tax returns, and an established history of operational success. This evidence collectively demonstrated the company’s stability and capability to meet the proffered wage requirements.
Inconsistencies in Proposed Endeavor:
There were no noted inconsistencies in the proposed endeavor. The documentation provided was coherent and consistent with the Petitioner’s claims.
Supporting Documentation
Letters of Intent:
The Petitioner included letters of intent from various stakeholders and clients highlighting the importance of the Beneficiary’s role and the anticipated positive impact on the company’s operations.
Business Plan:
A comprehensive business plan was submitted, detailing the operational strategies and projected financial performance, further supporting the Petitioner’s claims of sustained ability to pay the proffered wage.
Advisory Letter:
An advisory letter from industry experts was provided, emphasizing the Beneficiary’s unique qualifications and the critical need for such expertise within the company.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved. The Petitioner successfully demonstrated its continuing ability to pay the proffered wage and the substantial merit and national importance of the Beneficiary’s role.
Reasoning: The final determination was based on the comprehensive and compelling evidence presented, which addressed the initial concerns and clearly established the Petitioner’s eligibility for the immigration benefit sought.
