Date of Decision: April 3, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Systems Architecture
Petitioner Information
Profession: Systems Architect
Field: Communications Equipment and Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Demonstration of ability to pay the proffered wage
The Petitioner submitted additional evidence showing the size and scope of its business, which collectively demonstrated its ability to pay the wage.
Preponderance of evidence supporting financial stability
The appellate record review showed a totality of circumstances that affirmed the Petitioner’s financial capability beyond its net income or net current assets.
Criteria Not Met:
Initial failure to demonstrate ability to pay
The Director initially concluded that the Petitioner did not provide sufficient evidence of its ability to pay the proffered wage.
Insufficient initial documentation
The initial documentation did not adequately support the Petitioner’s financial claims.
Key Points from the Decision
Proposed Endeavor:
Summary of the Petitioner’s proposed endeavor and activities: The Petitioner, a provider of communications equipment and services, seeks to employ the Beneficiary as a systems architect. The role involves advanced technical expertise and significant contributions to the company’s projects.
Substantial Merit and National Importance:
Summary of findings regarding substantial merit and national importance: The Petitioner’s business in communications equipment and services holds substantial merit and national importance due to its contribution to technological advancements and the economy.
Key quotes or references: The appellate review considered the size and scope of the Petitioner’s operations as crucial in determining its ability to sustain the proffered wage.
Supporting Evidence:
Summary of the supporting evidence provided, such as letters of intent, advisory letters, business plans, etc.: The Petitioner provided additional evidence on appeal, including financial documents and an explanation of its business operations.
Key quotes or references: The evidence supported the claim that the Petitioner’s financial health and business scope were sufficient to meet the wage requirements.
Inconsistencies in Proposed Endeavor:
Summary of any inconsistencies noted in the proposed endeavor: Initially, there was a lack of sufficient evidence to support the Petitioner’s financial capability.
Supporting Documentation
Letters of Intent:
Summary and key points: Not specified in the decision.
Business Plan:
Summary and key points: Not specified in the decision.
Advisory Letter:
Summary and key points: Not specified in the decision.
Any other supporting documentation:
Summary and key points: Financial documents and additional evidence were crucial in demonstrating the Petitioner’s ability to pay.
Conclusion
Final Determination:
Summary of the final determination: The appeal was sustained, and the initial decision was withdrawn.
Reasoning:
Summary of key reasons for the decision: The appellate review found that the Petitioner had demonstrated its ability to pay the proffered wage through a totality of circumstances, which included the size and scope of its business operations.
This blog post provides a detailed account of the USCIS appeal review, highlighting the critical aspects and final determination of the case.
