Date of Decision: May 24, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Development and Consulting
Petitioner Information
Profession: Senior Software Engineer
Field: Software Development and Consulting
Nationality: Nil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Educational Credentials:
The beneficiary’s educational credentials meet the minimum educational requirements of the labor certification.
Criteria Not Met:
Ability to Pay Proffered Wage:
The petitioner did not establish the ability to pay the proffered wage of the beneficiary and the beneficiaries of all its other Form I-140 petitions.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to employ the beneficiary as a senior software engineer to develop and manage software projects, providing consulting services for various clients.
Substantial Merit and National Importance:
The beneficiary’s role as a senior software engineer is crucial for the company’s operations and projects. However, the petitioner must demonstrate the ability to pay the proffered wage as required by the labor certification process.
Supporting Evidence:
The petitioner provided the beneficiary’s educational credentials and evidence of employment starting in 2018. However, the petitioner did not submit complete financial documentation to establish the ability to pay the proffered wage from the priority date onward.
Inconsistencies in Proposed Endeavor:
The evidence did not consistently demonstrate the petitioner’s ability to pay the proffered wage. The petitioner’s net income and net current assets in 2017 did not meet the proffered wage requirement, and there was insufficient documentation for other I-140 beneficiaries.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
Not applicable.
Any other supporting documentation:
The petitioner submitted federal income tax returns for 2017 and partial evidence of wages paid in 2018, but this was insufficient to demonstrate the ability to pay the proffered wage.
Conclusion
Final Determination:
The appeal was dismissed. The petitioner did not establish the continuing ability to pay the proffered wage of the beneficiary and all other I-140 beneficiaries from the priority date onward.
Reasoning:
The evidence provided did not adequately demonstrate the petitioner’s ability to pay the proffered wage. The petitioner’s net income and net current assets in 2017 were insufficient, and the petitioner did not submit complete financial documentation for other I-140 beneficiaries. Consequently, the petition was denied based on the inability to meet the wage payment requirements.
