EB-2 NIW USCIS Appeal Review – QA Software Engineer – DEC222017_01B5203

Date of Decision: December 22, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology

Petitioner Information

Profession: QA Software Engineer
Field: Information Technology
Nationality: Not specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Approved

Evidentiary Criteria Analysis

Criteria Met:

The petitioner demonstrated its ability to pay the proffered wage based on a comprehensive review of its financial history and business growth.

The petitioner provided substantial evidence of gross income, number of employees, and sustained business operations over several years.

Criteria Not Met:

Initially, the petitioner did not establish sufficient net income or net current assets to cover the proffered wage for the year 2016.

The petitioner did not initially demonstrate the ability to pay the difference between the wages paid to the beneficiary and the proffered wage.

Key Points from the Decision

Proposed Endeavor:

The petitioner, a software design business, sought to employ the beneficiary as a QA software engineer with a proffered wage of $102,000 per year.

Substantial Merit and National Importance:

The petitioner’s work in software design and quality assurance has substantial merit and supports technological advancement in the IT sector. The company’s long-standing business operations and steady growth further underscore the importance of maintaining a skilled workforce, including the beneficiary’s role.

Supporting Evidence:

The petitioner submitted IRS Form W-2 showing total compensation of $80,339.84 for the beneficiary in 2016, which was $21,660.16 below the proffered wage.

The petitioner also provided evidence of substantial gross income, an increasing number of employees, and significant officer compensation from 2013 to 2016.

Additional documents demonstrated the company’s 18 years of successful business operations and its ability to pay substantial wages and salaries to its workforce.

Inconsistencies in Proposed Endeavor:

The initial denial was based on insufficient net income and net current assets to cover the proffered wage difference. However, these inconsistencies were addressed by considering the totality of the petitioner’s financial and operational evidence.

Supporting Documentation

Letters of Intent:

Not specified in the document.

Business Plan:

Not specified in the document.

Advisory Letter:

Not specified in the document.

Any other supporting documentation:

IRS Form W-2, financial statements, records of gross income, and payroll details.

Conclusion

Final Determination: The appeal is sustained.
Reasoning:

Upon de novo review, the petitioner successfully demonstrated its continuing ability to pay the proffered wage based on the totality of circumstances. The petitioner’s long-standing business operations, substantial gross income, growth, and payroll records provided compelling evidence of its financial stability and capacity to support the beneficiary’s employment. Consequently, the Director’s decision was withdrawn, and the appeal was approved, allowing the petitioner to employ the beneficiary as a QA software engineer.

Download The Full Petition Review Here

Gabriel
Gabriel

Programmer. Author. Python

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