Date of Decision: December 21, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT-Based Engineering and Business Solutions
Petitioner Information
Profession: Vice President of Engineering Services
Field: Business Administration / Software Engineering
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Bachelor’s Degree: The beneficiary holds a Bachelor of Engineering (B.E.) in Mechanical Engineering from an Indian university.
Criteria Not Met:
Master’s Degree: The petitioner failed to demonstrate that the beneficiary’s MBA from an Indian university is equivalent to a U.S. master’s degree in business administration, software engineering, or a related field.
Ability to Pay Proffered Wage: The petitioner did not establish its ability to pay the proffered wage of $168,000 per year.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as Vice President of Engineering Services, requiring oversight of engineering and business solution projects within the company.
Substantial Merit and National Importance:
While the role of Vice President of Engineering Services has substantial intrinsic merit, the critical issue was the petitioner’s inability to demonstrate the beneficiary’s qualifications and the financial capability to meet the proffered wage requirements.
Supporting Evidence:
The petitioner provided copies of the beneficiary’s degrees and marks, letters from former employers, the company’s federal income tax returns, profit and loss statements, and business bank statements.
The MBA degree was evaluated but found not equivalent to a U.S. master’s degree as the entry requirement was not equivalent to the U.S. standard.
Inconsistencies in Proposed Endeavor:
The petitioner’s documentation did not sufficiently support the equivalence of the beneficiary’s MBA degree to a U.S. master’s degree. Additionally, the financial evidence provided did not consistently demonstrate the ability to pay the proffered wage from the priority date onward.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Copies of educational certificates, evaluation reports, federal income tax returns, unaudited profit and loss statements, and business bank statements.
Conclusion
Final Determination: The appeal was denied.
Reasoning:
The petitioner did not provide sufficient evidence to demonstrate that the beneficiary possessed the required educational credentials (a U.S. master’s degree or equivalent) and the company’s ability to pay the proffered wage of $168,000 per year from the priority date onward. The decision emphasized the inadequacy of the financial documentation provided and the misalignment of the beneficiary’s educational qualifications with the requirements of the labor certification.
Download the Full Petition Review Here
