Date of Decision: January 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship and Automobile Repair
Petitioner Information
Profession: Entrepreneur and Automobile Repair Worker
Field: Entrepreneurship and Automobile Repair
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner did not meet any of the criteria for exceptional ability or national interest waiver requirements.
Criteria Not Met:
Exceptional Ability: The Petitioner failed to demonstrate exceptional ability in the field of entrepreneurship and automobile repair.
National Interest Waiver: The Petitioner did not establish that waiving the job offer requirement would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to continue his work as an entrepreneur and automobile repair worker. However, the details of the proposed endeavor were not adequately supported with evidence demonstrating its substantial merit and national importance.
Substantial Merit and National Importance:
The petition did not provide sufficient evidence to show that the proposed work had substantial merit or national importance. The Petitioner’s role as an entrepreneur and automobile repair worker was not convincingly linked to a national benefit.
Supporting Evidence:
The Petitioner submitted a mailing label and an appeal brief indicating an intention to provide further evidence. However, this brief was sent to the incorrect location, and thus, it was not considered in the appeal process.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the Petitioner’s submission, particularly regarding the proper filing location for the appeal brief. This procedural error contributed to the dismissal of the appeal.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Any other supporting documentation: The Petitioner submitted a USPS mailing label and appeal brief, which were sent to the wrong address.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed.
Reasoning: The Petitioner failed to follow proper filing procedures and did not provide sufficient evidence to overturn the initial denial of the EB-2 NIW petition. The appeal was dismissed due to lack of compliance with form instructions and insufficient demonstration of eligibility.
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