Date of Decision: February 24, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Solutions
Petitioner Information
Profession: Quality Assurance Analyst
Field: Information Technology Solutions
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Experience Requirement: The petitioner established that the beneficiary possessed six years of post-baccalaureate experience as required by the labor certification and for classification as an advanced degree professional.
Criteria Not Met:
- Ability to Pay Proffered Wage: The petitioner failed to demonstrate its continuing ability to pay the proffered wage to the beneficiary and other beneficiaries.
Key Points from the Decision
Proposed Endeavor:
The beneficiary was to be employed as a quality assurance analyst by an information technology solutions provider.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was deemed to lack sufficient evidence of substantial merit and national importance due to failure to meet financial requirements.
Supporting Evidence:
The petitioner submitted various letters of employment and educational evaluations, but these were insufficient to establish the required qualifications and ability to pay the proffered wage.
Inconsistencies in Proposed Endeavor:
The petitioner did not provide adequate evidence to demonstrate the financial stability necessary to support the beneficiary’s employment.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
The documentation included employment verification letters and educational evaluations but lacked financial evidence to support the claims.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to demonstrate the continuing ability to pay the proffered wage, which was critical in assessing the viability of the job offer.
