Date of Decision: March 12, 2024
Service Center: Nebraska 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:
- None: The petitioner failed to meet multiple required criteria.
Criteria Not Met:
- Exceptional Ability: The petitioner only met one of the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F).
Key Points from the Decision
Proposed Endeavor:
- The petitioner’s appeal focuses on his eligibility for a national interest waiver, without sufficiently addressing or contesting the deficiencies noted in the initial EB-2 visa classification decision.
Substantial Merit and National Importance:
- The review did not reach a conclusion on substantial merit and national importance as the appeal did not establish the petitioner’s qualification for the underlying EB-2 visa classification.
Supporting Evidence
- The decision noted deficiencies in the evidence submitted to establish the petitioner’s eligibility as an individual of exceptional ability.
Inconsistencies in Proposed Endeavor
- The petitioner’s brief did not address or contest the specific findings regarding the underlying EB-2 visa classification, which is considered waived since it was not raised on appeal.
Supporting Documentation
Letters of Intent:
- Not specifically discussed in the appeal.
Business Plan:
- Not specifically discussed in the appeal.
Advisory Letter:
- Not specifically discussed in the appeal.
Any Other Supporting Documentation:
- Not specifically discussed in the appeal.
Conclusion
The final determination was that the appeal is dismissed. The petitioner did not effectively contest the initial findings of the Director, thus failing to demonstrate eligibility for the EB-2 classification.
