Date of Decision: December 12, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Administration
Petitioner Information
Profession: Legal Administrator
Field: Legal Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petition did not meet any of the required criteria for a National Interest Waiver.
Criteria Not Met:
Criterion 1: The petitioner did not provide new facts supported by documentary evidence for the motion to reopen.
Criterion 2: The petitioner did not identify a specific law or policy that was erroneously applied in the previous decisions.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a legal administrator, argued that his work would have a significant economic impact. However, this claim was not substantiated with new evidence or facts.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in legal administration was not found to have substantial merit or national importance. Previous arguments and evidence presented were reiterated without new support.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The decision concluded that waiving the labor certification requirements would not benefit the United States. The petitioner failed to demonstrate how his endeavor would be of national importance.
Supporting Evidence:
The petitioner submitted his 2021 income tax documentation, arguing it showed significant economic impact. However, since the petition was filed in 2018, eligibility must be established at the time of filing. The income tax documents did not provide new or relevant evidence to overturn the previous decisions.
Inconsistencies in Proposed Endeavor:
No new inconsistencies were identified, but previously discussed evidence and arguments were reiterated without addressing prior deficiencies.
Supporting Documentation
Letters of Intent:
Not applicable
Business Plan:
Not applicable
Advisory Letter:
Not applicable
Any Other Supporting Documentation:
The petitioner’s 2021 income tax documentation was provided but did not establish a new fact or incorrect application of law or policy.
Conclusion
Final Determination: The appeal was denied. The petitioner did not present new facts or identify any legal or policy errors in the previous decisions, leading to the dismissal of the motion to reopen and reconsider.
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