Date of Decision: January 25, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Not specified
Petitioner Information
Profession: Not specified
Field: Not specified
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner did not identify any specific erroneous conclusion of law or statement of fact in the Director’s decision.
Criteria Not Met:
Identification of Errors: The Petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the Director’s decision, which is required for a successful appeal.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought second preference immigrant classification as a member of the professions holding an advanced degree, along with a national interest waiver of the job offer requirement attached to this EB-2 classification.
Substantial Merit and National Importance:
The decision does not specifically address the merit or importance of the proposed endeavor due to the focus on the Petitioner’s failure to identify specific errors in the Director’s decision.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner did not provide any substantive arguments or evidence on appeal to challenge the Director’s findings. As a result, the appeal did not meet the criteria for consideration, leading to its summary dismissal.
Supporting Evidence:
The Petitioner indicated on the Form I-290B, Notice of Appeal or Motion, that a brief or additional evidence was attached. However, the attached statement did not specifically identify any erroneous conclusion of law or statement of fact.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor. The primary issue was the Petitioner’s failure to identify specific errors in the Director’s decision.
Supporting Documentation
Letters of Intent:
No specific letters of intent were summarized in the decision.
Business Plan:
No specific business plan was summarized in the decision.
Advisory Letter:
No specific advisory letters were summarized in the decision.
Any Other Supporting Documentation:
The Petitioner did not provide any additional documentation that specifically addressed the Director’s findings.
Conclusion
Final Determination: The appeal was summarily dismissed.
Reasoning: The Petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the Director’s decision, leading to the summary dismissal of the appeal.
