EB-2 NIW USCIS Appeal Review – Senior Programmer/Analyst – MAR292017_02B5203

Date of Decision: March 29, 2017

Service Center: Texas Service Center

Form Type: Form I-140

Case Type: EB-2 National Interest Waiver (NIW)

Field of Expertise: IT and Software Development

Petitioner Information

Profession: Senior Programmer/Analyst

Field: IT and Software Development

Nationality: Not specified

Summary of Decision

Initial Decision: Denied

Appeal Outcome: Remanded

Evidentiary Criteria Analysis

Criteria Met:

None specified in the decision.

Criteria Not Met:

Intention to Employ According to Labor Certification: The Petitioner did not adequately demonstrate its intention to employ the Beneficiary in accordance with the labor certification.

Bona Fide Job Offer: The Petitioner failed to establish that a bona fide job offer existed, raising questions about the worksite and employment conditions.

Ability to Pay the Proffered Wage: The Petitioner did not provide sufficient evidence of its ability to pay the proffered wage of $173,056.

Beneficiary’s Employment Experience: The Beneficiary’s documented experience did not meet the extensive specific requirements listed on the labor certification.

Key Points from the Decision

Proposed Endeavor:

The Petitioner seeks to employ the Beneficiary as a senior programmer/analyst, focusing on IT and software development at its office in Texas.

Substantial Merit and National Importance:

The decision did not provide specific findings regarding the substantial merit and national importance of the Beneficiary’s work, focusing instead on the practical issues of employment location and job offer authenticity.

Supporting Evidence:

The Petitioner provided letters of intent, tax documents, and employment letters. However, these did not sufficiently address the concerns raised about the employment location, job offer authenticity, and ability to pay the proffered wage.

Inconsistencies in Proposed Endeavor:

The primary inconsistency noted was the discrepancy between the Beneficiary’s claimed work location and the actual work conditions observed during a USCIS site visit.

Supporting Documentation

Letters of Intent:

The Petitioner submitted a letter affirming its intention to employ the Beneficiary at its Texas office.

Business Plan:

Not applicable.

Advisory Letter:

Not applicable.

Any Other Supporting Documentation:

Tax documents and employment letters were provided to demonstrate the Petitioner’s ability to pay the proffered wage and the Beneficiary’s qualifications.

Conclusion

Final Determination: The appeal was remanded.

Reasoning:

The Petitioner did not adequately demonstrate its intention to employ the Beneficiary in accordance with the labor certification, nor did it establish a bona fide job offer. Additionally, the Petitioner failed to provide sufficient evidence of its ability to pay the proffered wage and did not meet the specific employment experience requirements listed on the labor certification. The case was remanded to the Director for further proceedings and additional evidence.

Download the Full Petition Review Here

In Re: A-G-S- Inc
Document Name: MAR292017_02B5203

Gabriel
Gabriel

Programmer. Author. Python

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