Date of Decision: July 17, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Water and Fire Damage Restoration Services
Petitioner Information
Profession: Quality Control Analyst
Field: Business Administration
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary’s Master of Business Administration (MBA) degree from Pakistan
The Beneficiary provided an official academic record showing that he earned an MBA, which is considered equivalent to a U.S. bachelor’s degree in business administration.
Criteria Not Met:
Ability to pay the proffered wage
The Petitioner did not provide sufficient evidence to demonstrate its ability to pay the proffered wage from the priority date onward.
Requirement of a single foreign degree equivalent to a four-year U.S. bachelor’s degree
The Director determined that the Beneficiary’s degrees did not meet this requirement.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aimed to employ the Beneficiary as a Quality Control Analyst in the field of water and fire damage restoration services.
Substantial Merit and National Importance:
The Petitioner’s inability to demonstrate the required educational qualifications and financial ability undermined the claim of substantial merit and national importance.
Key quotes: “The Beneficiary’s MBA from [institution] in Pakistan is the single-degree equivalent to a four-year U.S. bachelor’s degree in business administration.”
Supporting Evidence:
The Petitioner provided various documents, including academic degrees and financial statements, but these were not sufficient to meet the required criteria.
Key quotes: “The unsupported representations of management are not reliable evidence and are insufficient to demonstrate the ability to pay the proffered wage.”
Inconsistencies in Proposed Endeavor:
The Petitioner’s evidence did not consistently support the claim of meeting the financial and educational requirements for the position.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation:
Academic Degree: The Beneficiary’s MBA degree was recognized but did not alone establish eligibility due to the lack of a single foreign degree equivalent to a U.S. bachelor’s degree.
Financial Statements: The Petitioner provided reviewed financial statements, which were not considered sufficient evidence of the ability to pay the proffered wage.
Conclusion
Final Determination: The appeal was dismissed. The primary reasons were the failure to meet the necessary evidentiary criteria for financial ability to pay the proffered wage and the educational qualifications required for the position.
Reasoning:
The Petitioner did not provide sufficient evidence to prove the Beneficiary met the educational requirements of a single foreign degree equivalent to a four-year U.S. bachelor’s degree.
The Petitioner’s financial statements were not audited and did not demonstrate the ability to pay the proffered wage from the priority date onward.
Download the Full Petition Review Here.
In Re: Matter of K- LLC (ID# 294229, AAO July 17, 2017)
