Date of Decision: January 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entrepreneurship
Petitioner Information
- Profession: Entrepreneur
- Field: Entrepreneurship
- Nationality: Not Specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
- Criteria Met:
- Criterion 1: Qualifies for classification as a member of the professions holding an advanced degree.
- Criterion 2: Not specified
- Criteria Not Met:
- Criterion 1: Did not establish eligibility for the national interest waiver.
- Criterion 2: Failed to demonstrate that the waiver of the job offer requirement would be beneficial to the United States.
Key Points from the Decision
- Proposed Endeavor:
- The petitioner seeks a national interest waiver to pursue entrepreneurial activities in the United States without a job offer.
- Substantial Merit and National Importance:
- The adjudicating officer concluded that the petitioner had not adequately demonstrated the national importance of his proposed endeavor or its potential prospective impact on the United States.
- Supporting Evidence:
- The petitioner submitted an Expert Opinion Letter outlining his qualifications and the benefits of his proposed endeavor. However, the adjudication did not fully consider this document according to the petitioner’s claim.
- Inconsistencies in Proposed Endeavor:
- The petitioner’s assertions were found to lack specifics and did not successfully challenge the initial findings.
Supporting Documentation
- Letters of Intent: (Not Applicable)
- Business Plan: (Not Applicable)
- Advisory Letter: The Expert Opinion Letter was mentioned as not being considered adequately in the adjudication process.
Conclusion
- Final Determination: The motion to reopen and reconsider was dismissed due to a lack of new facts or evidence, and no erroneous application of law or policy was identified in the July 2023 decision. The underlying petition remains denied.
- Reasoning: The petitioner repeatedly failed to meet the evidentiary burden required for the National Interest Waiver under the established legal standards.
