Date of Decision: March 28, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Operations
Petitioner Information
Profession: Accountant
Field: Business Operations
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit of Proposed Endeavor: The petitioner established the substantial merit of his proposed business operations endeavor.
- Evidence of Expertise: Supported by letters of support, industry reports, and articles.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate the national importance of his proposed endeavor.
- Material Change in Petition: The business plan submitted later constituted a material change to the petition which was not initially indicated.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to start his own business, emphasizing the operational efficiency and strategic management within the business sector.
Substantial Merit and National Importance:
The decision acknowledged the substantial merit but criticized the lack of national importance in the petitioner’s business plan, stating it failed to demonstrate how his expertise benefits the U.S. on a national level.
Supporting Evidence:
Reviewed were letters of support, industry reports, articles, and a business plan. However, the latter was considered a material change to the initial petition, negatively impacting the case.
Inconsistencies in Proposed Endeavor:
The petitioner’s actual business intentions were not clear in the initial filing, and his later business plan was seen as a significant deviation from the original petition.
Supporting Documentation
Letters of Intent:
Not specifically discussed in the decision beyond general acknowledgment.
Business Plan:
Highlighted as a material change to the petition rather than a supporting document, impacting the case negatively.
Advisory Letter:
General references to advisory letters without detailed discussion in the decision.
Conclusion
Final Determination: The motions to reopen and reconsider were dismissed, affirming the initial denial due to unmet criteria and inconsistencies in the proposed endeavor. The appeals process did not alter the outcome, as the evidence and arguments presented did not overcome the initial grounds for denial.
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