Date of Decision: October 19, 2022
Service Center: Texas 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: Advanced Degree, Exceptional Ability
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner holds an advanced degree, which meets the criteria for the EB-2 classification.
Exceptional Ability: The Petitioner demonstrated exceptional ability in their field, fulfilling the required criteria.
Criteria Not Met:
National Interest Waiver: Initially, the Director concluded that the Petitioner did not establish that a waiver of the required job offer and labor certification would be in the national interest.
Procedural Requirements: The Petitioner failed to provide a statement about whether the unfavorable decision was the subject of any judicial proceeding, leading to the dismissal of the combined motion to reopen and reconsider.
Key Points from the Decision
Proposed Endeavor:
The Petitioner seeks second preference immigrant classification as a member of the professions holding an advanced degree and requests a national interest waiver of the job offer requirement.
Substantial Merit and National Importance:
The initial decision did not find sufficient evidence that waiving the job offer requirement would be in the national interest. However, the appeal submission clarified that the Director’s original decision was not subject to any judicial proceeding, addressing the procedural ground for dismissal.
Supporting Evidence:
The Petitioner’s appeal included necessary documentation to clarify the procedural requirements, particularly the statement regarding judicial proceedings.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies in the proposed endeavor were noted; the issue was procedural compliance regarding the statement on judicial proceedings.
Supporting Documentation
Letters of Intent:
None specified.
Business Plan:
None specified.
Advisory Letter:
None specified.
Any Other Supporting Documentation:
The appeal submission included a statement confirming that the Director’s original decision was not the subject of any judicial proceeding, addressing the procedural deficiency.
Conclusion
The appeal resulted in the withdrawal of the Director’s decision and the remanding of the matter for a new decision. The Petitioner addressed the procedural issue by providing the required statement about judicial proceedings, leading to the reconsideration of their motion to reopen and reconsider.
