Date of Decision: January 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Not specifically mentioned
Petitioner Information
Profession: General and Operations Manager
Field: Not specifically mentioned
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None specified.
Criteria Not Met:
- Advanced Degree Requirement: Petitioner did not demonstrate having a degree above a bachelor’s or the required five years of post-baccalaureate work experience.
- National Importance: The Petitioner did not establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The specific details of the Petitioner’s proposed endeavor were not detailed in the USCIS’s decision or discussed in relation to the evidence provided.
Substantial Merit and National Importance:
The appeal was dismissed without substantial merit and national importance of the proposed endeavor being established, as the petitioner failed to meet the first prong of the Dhanasar framework.
Supporting Evidence:
The evidence provided was insufficient to overturn the initial denial, with no new evidence allowed in the reconsideration process.
Inconsistencies in Proposed Endeavor:
The appeal noted a lack of clear evidence regarding the eligibility for the EB-2 classification based on the advanced degree, as prior experience was accrued before obtaining a bachelor’s degree.
Supporting Documentation
No specific documents such as Letters of Intent, Business Plan, or Advisory Letters were discussed in detail in the decision provided.
Conclusion
Final Determination: The motion to reconsider was dismissed, maintaining the initial denial of EB-2 classification and the national interest waiver. The decision underscored the insufficiency of demonstrated qualifications and the national importance of the endeavor.
Reasoning:
The decision emphasized procedural correctness and the lack of substantive eligibility as demonstrated by the petitioner, particularly in failing to meet the advanced degree and national importance requirements.
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