Date of Decision: January 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Health, Wellness, and Chronic Care Programs
Petitioner Information
Profession: Senior .NET Developer
Field: Health, Wellness, and Chronic Care Programs
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Employment Certification: The labor certification indicated that the Beneficiary had been employed by the Petitioner since September 30, 2013.
Criteria Not Met:
Ability to Pay Proffered Wage: The Petitioner did not provide sufficient evidence to establish its ability to pay the Beneficiary’s proffered wage and the wages of all its other I-140 beneficiaries from their respective priority dates onward.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a provider of programs in health, wellness, and chronic care, sought to employ the Beneficiary as a Senior .NET Developer. The Beneficiary’s role involved developing and maintaining software applications essential to the company’s operations.
Substantial Merit and National Importance:
Summary: The Petitioner’s business and the Beneficiary’s role were significant for the health and wellness sector, providing crucial services and technological support for chronic care programs.
Key Quotes: The decision highlighted the importance of the Beneficiary’s role but noted the failure to meet financial requirements, which overshadowed the merits of the proposed endeavor.
Supporting Evidence:
Summary: The Petitioner submitted financial documents and pay records for the Beneficiary. However, these documents pertained to the Petitioner’s parent company rather than the Petitioner itself.
Key Quotes: The RFE specifically noted the discrepancy in the financial documentation, stating that the Petitioner and the parent company are distinct legal entities with different Federal Employer Identification Numbers.
Inconsistencies in Proposed Endeavor:
Summary: The primary inconsistency was the submission of financial records for the parent company instead of the Petitioner. This discrepancy led to the inability to verify the Petitioner’s financial capability to meet the wage requirements.
Key Quotes: The decision emphasized that without the correct financial documentation from the Petitioner itself, the ability to pay the proffered wage could not be established.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided partial pay records for the Beneficiary for 2015 but did not respond to the request for further evidence, including the Beneficiary’s Form W-2 for 2015.
Conclusion
Final Determination: Denied
Reasoning:
The Petitioner failed to establish the ability to pay the proffered wage for the Beneficiary and other I-140 beneficiaries from their priority dates onward.
The financial documentation provided was for the parent company, not the Petitioner, resulting in an inability to meet the requirements under 8 C.F.R. § 204.5(g).
The Petitioner did not respond to the Request for Evidence (RFE), leading to the summary dismissal of the appeal.
Download the Full Petition Review Here
In Re: A-H-S-, LLC, JAN122017_01B5203.pdf
