Date of Decision: September 15, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Engineering
Petitioner Information
Profession: Software Engineer
Field: Software Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner did not meet any of the evidentiary criteria required for approval.
Criteria Not Met:
Criterion 1: The Petitioner did not establish the ability to pay the proffered wages for the Beneficiary and other beneficiaries of its employment-based immigrant petitions.
Criterion 2: The Petitioner failed to provide a statement identifying any erroneous conclusion of law or fact in the initial decision.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a software consulting company, seeks to employ the Beneficiary as a software engineer under the advanced degree professional classification.
Substantial Merit and National Importance:
The decision did not address the substantial merit and national importance of the Beneficiary’s proposed endeavor due to the focus on the financial capability and procedural compliance issues.
Supporting Evidence:
No additional evidence or brief was submitted with the appeal to support the claim or address the initial decision’s concerns.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the Petitioner’s failure to provide a required statement or any additional evidence to support the appeal, leading to a summary dismissal.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Not applicable.
Conclusion
Final Determination: Denied. The appeal was summarily dismissed due to the Petitioner’s failure to identify any erroneous conclusion of law or fact in the initial decision and failure to submit any supporting evidence.
Reasoning:
The Petitioner did not provide a statement of the basis for the appeal or submit any additional evidence to address the issues raised in the denial, specifically regarding the ability to pay the proffered wages. As a result, the appeal was summarily dismissed.
Download the Full Petition Review Here
In Re: SEP152017_03B5203
Document Name: SEP152017_03B5203.pdf
