Date of Decision: JAN. 5, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: International Taxation
Petitioner Information
Profession: Lawyer
Field: International Taxation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified: The petitioner did not meet the evidentiary criteria as required for the national interest waiver.
Criteria Not Met:
Criterion 1: Insufficient demonstration of substantial merit and national importance of the petitioner’s work.
Criterion 2: Lack of new facts or documentary evidence in support of the motion to reopen.
Key Points from the Decision
Proposed Endeavor:
The petitioner seeks to work in the U.S. in the field of international taxation without the requirement of a job offer, asserting that their work is of national interest.
Substantial Merit and National Importance:
The record did not establish that the petitioner’s endeavor has substantial merit and national importance as required by the EB-2 NIW classification.
Supporting Evidence:
No new documentary evidence was provided in the motions to reopen and reconsider, which led to the dismissal of the appeal.
Inconsistencies in Proposed Endeavor:
The petitioner did not address the deficiencies noted in the original denial nor did they provide new evidence that could potentially change the outcome of the decision.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Not applicable
Conclusion
Final Determination: The motions to reopen and reconsider were dismissed due to the lack of new facts or evidence and insufficient demonstration of the petitioner’s qualifications for a national interest waiver.
Reasoning: The appeals were dismissed due to an incorrect application of law or policy and the absence of new evidence that could alter the original decision.
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