Date of Decision: March 19, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Not specified in the document
Petitioner Information
Profession: Advanced Degree Professional
Field: Not specified
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner met both elements of the first prong under the Dhanasar framework, although the decision did not provide detailed analysis on these elements.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The decision noted that much of the evidence submitted came into existence after the petitioner filed the petition, making it ineligible for consideration under the regulations, leading to the denial of the petition.
Key Points from the Decision
Proposed Endeavor:
- The specifics of the petitioner’s proposed endeavor were not detailed in the decision.
Substantial Merit and National Importance:
- While the decision briefly acknowledged the petitioner’s fulfillment of the first prong of the Dhanasar framework, it lacked an in-depth analysis or discussion of these elements.
Supporting Evidence
- The petitioner provided various materials under the second prong of Dhanasar’s framework, which were deemed outdated as they were created after the petition was filed, leading to their dismissal in supporting the petition.
Inconsistencies in Proposed Endeavor
- The primary inconsistency noted was the timing of the evidence submitted, which did not support the petitioner’s claims as of the filing date.
Supporting Documentation
Letters of Intent:
- Not specified or detailed in the decision.
Business Plan: - Not specified or detailed in the decision.
Advisory Letter: - Not specified or detailed in the decision.
Any Other Supporting Documentation: - Not specified or detailed in the decision.
Conclusion
The appeal was denied. The petitioner did not sufficiently address the evidentiary shortcomings pointed out by the Director as the sole basis for the initial denial.
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