Date of Decision: JAN. 9, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Insurance Consulting
Petitioner Information
Profession: Actuary
Field: Insurance Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met: None specified.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that his proposed endeavor, establishing an insurance consulting firm, has national importance.
- Substantial Merit: The case details do not specify if this criterion was met, focusing instead on the lack of national importance.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposes to establish an insurance consulting firm in the United States.
Substantial Merit and National Importance:
The appeal failed as the petitioner did not demonstrate that his proposed endeavor has “national importance,” a requisite under the Matter of Dhanasar framework.
Supporting Evidence:
The decision did not discuss specific supporting evidence provided by the petitioner, such as letters of intent, advisory letters, or business plans.
Inconsistencies in Proposed Endeavor:
The appeal documents did not specify inconsistencies but focused on the lack of demonstrated national importance.
Supporting Documentation
No specific documents such as Letters of Intent, Business Plans, or Advisory Letters were mentioned in the decision summary.
Conclusion
Final Determination: The petitioner’s motions to reopen and reconsider were both dismissed due to failure to state new facts and lack of documentary evidence. The denial focused on the insufficient demonstration of the national importance of the proposed insurance consulting firm.
Reasoning: The motions were dismissed based on regulatory requirements and a lack of evidence supporting the petitioner’s claim of national importance and eligibility under the national interest waiver criteria.
Download the Full Petition Review Here
