Date of Decision: February 5, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: SAP Business Systems Management
Petitioner Information
Profession: SAP Business Systems Manager
Field: Business Systems Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Special Skills: The Beneficiary possessed the special skills required by the labor certification, as verified through various letters and emails from previous employers.
Criteria Not Met:
Educational Requirements: The Beneficiary did not possess the minimum educational requirements of the offered position. The Beneficiary’s degree from Spain was found equivalent to a U.S. bachelor’s degree, not a master’s degree as required by the labor certification.
Experience Requirement: The Beneficiary did not possess the required 84 months of progressive experience in supply chain management as of the priority date.
Ability to Pay Proffered Wage: The Petitioner did not establish its ability to pay the proffered wage of $167,003 per year from the priority date onward.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as an SAP Business Systems Manager. The role involves managing business systems related to supply chain management, requiring extensive experience in SAP and supply chain processes.
Substantial Merit and National Importance:
The decision did not specifically address the substantial merit and national importance of the Beneficiary’s proposed endeavor. The primary focus was on verifying the Beneficiary’s qualifications and the Petitioner’s ability to pay the proffered wage.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, labor certification, and letters verifying the Beneficiary’s experience and special skills.
Further Submission on Appeal: Provided additional letters and emails detailing the Beneficiary’s duties and skills from previous employers.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the lack of detailed experience verification letters. While the Beneficiary had various letters from previous employers, some did not meet regulatory requirements by lacking specific job duties and other necessary details.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not applicable in this case.
Any other supporting documentation:
Experience Letters: Provided by previous employers, but several lacked specific job duty descriptions.
Financial Records: Included paychecks showing the Beneficiary’s salary up to June 2018 but lacked comprehensive financial statements demonstrating the ability to pay the proffered wage for the entire year.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not meet the burden of proof required to establish eligibility for the immigration benefit sought. The Beneficiary did not possess the required 84 months of progressive experience in supply chain management as of the priority date, and the Petitioner did not establish its ability to pay the proffered wage of $167,003 per year from the priority date onward. Consequently, the initial decision to deny the petition was upheld, and the appeal was dismissed. The Petitioner must address these deficiencies in any future filings to establish eligibility.
