Date of Decision: April 2, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Advanced Degree Professional
Petitioner Information
Profession: Advanced Degree Professional
Field: [Specific Field of Expertise not specified]
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified in the document.
Criteria Not Met:
New Facts and Evidence: The Petitioner did not provide new facts to be proved in the reopened proceeding or affidavits or other documentary evidence required for a motion to reopen. This criterion was not met according to 8 C.F.R. § 103.5(a)(2).
Incorrect Application of Law or USCIS Policy: The Petitioner did not cite binding precedent decisions or other legal authority establishing that the prior decisions were erroneous based on the evidence of record at the time. This criterion was not met according to 8 C.F.R. § 103.5(a)(3).
Key Points from the Decision
Proposed Endeavor:
The document does not provide a specific summary of the Petitioner’s proposed endeavor and activities.
Substantial Merit and National Importance:
The document does not detail the findings regarding the substantial merit and national importance of the Petitioner’s proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The document does not provide a summary of findings regarding this criterion.
Supporting Evidence:
The Petitioner did not submit additional evidence or a brief within the required timeframe. The evidence provided did not satisfy the requirements for reopening or reconsidering the motion.
Inconsistencies in Proposed Endeavor:
The document does not specify any inconsistencies noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
Not specified.
Business Plan:
Not specified.
Advisory Letter:
Not specified.
Any Other Supporting Documentation:
Not specified.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both denied.
Reasoning: The Petitioner did not meet the requirements for reopening or reconsidering the case. The motion to reopen did not present new facts supported by affidavits or other documentary evidence. The motion to reconsider did not state the reasons for reconsideration supported by pertinent precedent decisions or legal authority. Consequently, the previous decision to deny the petition was upheld.
Next Steps: The Petitioner may consider submitting additional evidence or explore other immigration options that may better fit their qualifications.