Date of Decision: October 30, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Network Consulting Engineering
Petitioner Information
Profession: Network Consulting Engineer
Field: Network Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed (Petition Withdrawn)
Evidentiary Criteria Analysis
Criteria Met:
- [Criterion 1]: Not specified in the document.
- [Criterion 2]: Not specified in the document.
Criteria Not Met:
- [Criterion 1]: Not specified in the document.
- [Criterion 2]: Not specified in the document.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s proposed endeavor was to employ the beneficiary as a network consulting engineer. However, specific activities related to this role were not detailed in the decision document.
Substantial Merit and National Importance:
The document does not provide detailed findings regarding the substantial merit and national importance of the petitioner’s proposed endeavor.
Supporting Evidence:
- Letters of Intent: Not specified
- Advisory Letters: Not specified
- Business Plans: Not specified
- Other Documentation: Not specified
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the document related to the proposed endeavor.
Supporting Documentation
Letters of Intent:
No specific summaries or key points provided in the document.
Business Plan:
No specific summaries or key points provided in the document.
Advisory Letter:
No specific summaries or key points provided in the document.
Any other supporting documentation:
No specific summaries or key points provided in the document.
Conclusion
Final Determination:
The appeal was dismissed because the petition was withdrawn by the petitioner before the issuance of the decision.
Reasoning:
The decision was rendered moot due to the petitioner’s withdrawal request, which was received before the appeal decision was made. According to 8 C.F.R. § 103.2(b)(6), once a withdrawal request is made, it cannot be retracted. As such, the appeal was dismissed without further review of the grounds of ineligibility.
