Date of Decision: December 28, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Consulting Services
Petitioner Information
Profession: Software Engineer
Field: Software Consulting Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The petitioner provided evidence of the beneficiary holding an advanced degree in a relevant field.
The petitioner demonstrated substantial net income for the years 2013 to 2015, which exceeded the proffered wage.
Criteria Not Met:
The petitioner did not establish its ability to pay the proffered wage for the year 2016.
The petitioner did not submit comprehensive evidence regarding all Form I-140 petitions filed, affecting the assessment of its ability to pay the combined proffered wages of multiple beneficiaries.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a software consulting services provider, sought to employ the beneficiary as a software engineer with a proffered wage of $82,451 per year.
Substantial Merit and National Importance:
The petitioner’s work in software consulting services has substantial merit, supporting technological advancements and business operations. However, the inability to demonstrate the financial capacity to support multiple beneficiaries undermined the national importance of the work.
Supporting Evidence:
The petitioner submitted IRS Form W-2 showing wages paid to the beneficiary from 2013 to 2016, as well as federal income tax returns for 2013 to 2015. The 2016 tax returns were not provided, limiting the financial assessment for that year.
The petitioner also provided a partial list of other Form I-140 petitions filed since 2013, along with payroll records and W-2 forms for those beneficiaries.
Inconsistencies in Proposed Endeavor:
The petitioner’s response was incomplete, lacking information on withdrawn, revoked, or denied petitions and beneficiaries who obtained lawful permanent residence. This incomplete response affected the accurate calculation of the petitioner’s wage burden for the relevant years.
Supporting Documentation
Letters of Intent:
Not specified in the document.
Business Plan:
Not specified in the document.
Advisory Letter:
Not specified in the document.
Any other supporting documentation:
IRS Form W-2, federal income tax returns for 2013 to 2015, and payroll records.
Conclusion
Final Determination: The motion to reconsider is denied.
Reasoning:
The petitioner did not adequately demonstrate its continuing ability to pay the proffered wage from the priority date onward, due to incomplete documentation and lack of comprehensive financial information for 2016. The petitioner also failed to provide sufficient evidence regarding other I-140 petitions, affecting the overall wage burden assessment. Consequently, the petitioner did not satisfy the requirements for the national interest waiver, leading to the denial of the motion to reconsider.
