Date of Decision: June 3, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Public Accountancy
Petitioner Information
Profession: Senior Accountant
Field: Public Accountancy
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Ability to Pay: The petitioner demonstrated the ability to pay the proffered wage through an amended federal income tax return for 2013 and pay records for 2013 and 2014.
- Proffered Wage: The petitioner showed evidence that they met the proffered wage requirements from the priority date onwards.
Criteria Not Met:
- N/A: All critical criteria were met upon review.
Key Points from the Decision
Proposed Endeavor:
The petitioner sought to employ the beneficiary as a senior accountant, a role essential for their public accountancy services. The petitioner provided documentation to substantiate the beneficiary’s employment and the financial capability to pay the proffered wage.
Substantial Merit and National Importance:
The AAO found the proposed endeavor to have substantial merit and national importance due to the role’s significance in the public accountancy field. The ability to pay the proffered wage further reinforced the petitioner’s financial stability and the beneficiary’s critical role.
Supporting Evidence:
The petitioner provided extensive supporting evidence, including:
- Pay records for the beneficiary for 2013 and 2014.
- An amended federal income tax return for 2013 with proof of filing, demonstrating financial capability.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
N/A
Business Plan:
N/A
Advisory Letter:
N/A
Any Other Supporting Documentation:
- Pay records for 2013 and 2014.
- Amended federal income tax return for 2013 with proof of filing.
Conclusion
The appeal was approved. The petitioner demonstrated the ability to pay the proffered wage from the priority date onwards, fulfilling all necessary criteria for the EB-2 NIW petition.
