Date of Decision: August 18, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Quantitative Tools Design
Petitioner Information
Profession: Computer and Information Research Scientist
Field: Quantitative Tools Design
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Ability to Pay Proffered Wage: The Petitioner demonstrated its ability to pay the Beneficiary’s proffered wage of $71,323 from the priority date onwards.
Advanced Degree Professional: The Beneficiary qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
Initially, the Petitioner did not submit primary evidence to establish the ability to pay the proffered wage, which led to the denial.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a quantitative tools design firm, sought to employ the Beneficiary as a computer and information research scientist. The role involves designing and developing advanced quantitative tools.
Substantial Merit and National Importance:
The position was acknowledged to be of substantial intrinsic merit and national importance due to the critical nature of advanced quantitative tools in various industries.
The Beneficiary’s work contributes to advancements in computer science and quantitative analysis, which have broad applications.
Supporting Evidence:
The Petitioner provided evidence of wages paid to the Beneficiary, demonstrating that the Beneficiary was paid more than the proffered wage, thereby establishing the ability to pay the wage from the priority date.
Additional documentation was provided on appeal, which included financial records and payroll documents.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor. The initial denial was due to a lack of evidence, which was later rectified on appeal.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The Petitioner provided payroll records and financial statements on appeal, which demonstrated the ability to pay the Beneficiary’s proffered wage.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved. The Petitioner successfully demonstrated the ability to pay the proffered wage and that the Beneficiary meets the educational and professional requirements.
Reasoning: The decision was based on the additional evidence provided on appeal, which sufficiently demonstrated the Petitioner’s financial ability to meet the proffered wage requirements.
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