Date of Decision: June 24, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology and Engineering
Petitioner Information
Profession: System Engineer
Field: Information Technology and Engineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner failed to meet any of the required criteria due to insufficient documentation and evidence regarding the beneficiary’s qualifications and experience.
Criteria Not Met:
- Minimum Experience Required: The petitioner did not provide sufficient evidence to demonstrate the beneficiary’s possession of the minimum experience required for the offered position. The provided employment letters did not adequately describe the beneficiary’s job duties or provide necessary end dates of employment.
- Ability to Pay the Proffered Wage: The petitioner did not demonstrate its continuing ability to pay the proffered wage of $117,000 per year, as required from the petition’s priority date until the beneficiary obtains lawful permanent residence. The financial documentation submitted did not cover the required periods adequately, and the petitioner’s claim of having sufficient revenue was not substantiated with complete and relevant financial records.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed employing the beneficiary as a system engineer, providing IT and engineering staff. The goal was to contribute to these fields through the beneficiary’s skills and experience in system engineering.
Substantial Merit and National Importance:
The petitioner did not provide adequate evidence to demonstrate that the proposed endeavor had substantial merit and national importance. The documentation failed to establish that the beneficiary’s contributions would have a significant impact on the IT and engineering fields within the United States.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that the beneficiary’s work would contribute significantly to the U.S. IT and engineering sectors. However, the evidence provided did not sufficiently support the claim that the beneficiary’s contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted letters from the beneficiary’s former employers and additional documentation such as payroll records and service certificates. However, these documents did not provide sufficient detail about the beneficiary’s job duties or corroborate the claimed experience. The financial documentation submitted to demonstrate the petitioner’s ability to pay the proffered wage was also incomplete and insufficient.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about the beneficiary’s qualifications and impact were not fully supported by the provided evidence. The documentation did not clearly show that the beneficiary’s work had been widely adopted or recognized in the IT and engineering fields.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included payroll records and service certificates, which did not adequately demonstrate the beneficiary’s significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that the beneficiary possessed the required minimum experience or that waiving the labor certification requirement would be beneficial to the United States. The evidence was insufficient to support the claims of substantial impact and national importance.
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