Date of Decision: September 14, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Frozen Fruit Distribution
Petitioner Information
- Profession: Entrepreneur in Frozen Fruit Distribution
- Field: Frozen Fruit Distribution
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner, an entrepreneur with experience in frozen fruit distribution, sought classification under the EB-2 category as a member of the professions holding an advanced degree and requested a national interest waiver. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that waiving the job offer requirement would be in the national interest.
Key Points from the Decision
- Petitioner’s Background: The petitioner has extensive experience in frozen fruit distribution and sought to continue his work in this field in the United States. However, the Director determined that the petitioner did not demonstrate how his specific work in this industry would have a significant impact on the U.S. economy or public health to warrant a national interest waiver.
- Subsequent Petition: After the initial petition was denied, the petitioner filed another immigrant petition for the same visa classification, which was approved on August 28, 2023. As a result, the current appeal was dismissed as moot.
Conclusion
Final Determination: The appeal was dismissed as moot because the petitioner’s subsequent immigrant petition for the same visa classification was approved.
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