Date of Decision: April 17, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Media Research
Petitioner Information
Profession: Research Associate
Field: Media Research
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Requirement: The Beneficiary qualifies under the advanced degree requirement necessary for the EB-2 category.
Criteria Not Met:
Ability to Pay the Proffered Wage: The petitioner failed to demonstrate the continuing ability to pay the proffered wage from the priority date to the present.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary is employed by an international media company, focusing on media research which aims to enhance understanding and strategies within the industry.
Substantial Merit and National Importance:
The decision did not discuss the substantial merit or national importance of the work, focusing instead on financial qualifications of the petitioner.
Supporting Evidence:
The petitioner failed to provide adequate financial evidence to demonstrate the ability to pay the proffered wage, despite claims of sufficient funds and increases in gross receipts.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was between the petitioner’s claims of financial capability and the evidence provided, which showed insufficient net income and net current assets to cover the proffered wage.
Supporting Documentation
Financial Statements:
The petitioner’s financial statements showed inadequate net income and no net current assets to cover the wage difference required for the proffered wage.
Bank Statements:
Bank statements, though showing adequate balances, were not deemed sufficient evidence of the ability to sustain the proffered wage over time.
Conclusion
The appeal was dismissed due to the petitioner’s failure to substantiate claims of financial ability to pay the proffered wage from the priority date onward. This decision underscores the importance of comprehensive and consistent financial documentation in supporting eligibility for EB-2 classification.
