Date of Decision: September 28, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: IT Services
Petitioner Information
Profession: Software Engineer
Field: IT Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Ability to Pay (Partial): Demonstrated ability to pay the proffered wage to the Beneficiary for certain years through federal tax returns and W-2 forms.
Criteria Not Met:
Ability to Pay (Overall): Failed to demonstrate the ability to pay the proffered wages for all Form I-140 beneficiaries.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary’s role as a software engineer in an IT services company, involving software development and maintenance.
Substantial Merit and National Importance:
The position of software engineer in IT services is of substantial merit and national importance, contributing to technological advancement and business operations.
Key Quotes: “The petitioner did not establish its continuing ability to pay the proffered wages of all of its Form I-140 beneficiaries.”
Supporting Evidence:
W-2 Forms: Demonstrated payments made to the Beneficiary in various years.
Federal Tax Returns: Indicated net income sufficient to pay the Beneficiary’s proffered wage for several years.
Bank Statements: Submitted to show liquidity and reliable cash flows.
Inconsistencies in Proposed Endeavor:
The petitioner failed to provide comprehensive information about all Form I-140 beneficiaries, leading to an inability to assess the total wage burden.
Supporting Documentation
Letters of Intent: Not specifically mentioned.
Business Plan: Not specifically mentioned.
Advisory Letter: Not specifically mentioned.
Any Other Supporting Documentation:
IRS Forms W-2: Provided evidence of wages paid to the Beneficiary.
Federal Tax Returns: Showed the petitioner’s net income over the relevant years.
Bank Statements: Indicated financial stability and cash flow.
Conclusion
Final Determination: Denied
Reasoning:
The petitioner did not demonstrate its ability to pay the combined proffered wages of all its Form I-140 beneficiaries from the priority date onward.
