Date of Decision: October 14, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Petroleum Engineering
Petitioner Information
Profession: Petroleum Engineer
Field: Petroleum Engineering
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
N/A: No specific criteria met were mentioned in the decision.
Criteria Not Met:
Timely Filing: The motion to reconsider was not filed within the 33-day timeframe, making it untimely.
Statement Requirement: The motion lacked the necessary statement regarding the validity of the unfavorable decision being subject to judicial proceedings as required by regulations.
Key Points from the Decision
Proposed Endeavor:
The petitioner did not present a detailed summary of the proposed endeavor and activities in the appeal documents.
Substantial Merit and National Importance:
The decision did not discuss substantial merit and national importance in detail. However, it focused on procedural requirements for the timely filing of motions.
Supporting Evidence:
The decision noted the absence of critical documentation, particularly the lack of the required statement about judicial proceedings.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the late filing of the motion, which did not comply with the regulatory requirements.
Supporting Documentation
Letters of Intent: Not applicable in this case.
Business Plan: Not applicable in this case.
Advisory Letter: Not applicable in this case.
Any other supporting documentation: Not specified in the decision.
Conclusion
Final Determination: The motion to reconsider was denied due to untimely filing and the lack of required statements in the supporting documentation.
Reasoning: The primary reason for the denial was the failure to file the motion within the required 33-day period after the previous decision and the absence of the necessary statement about judicial proceedings. As per the regulations, a motion that does not meet applicable requirements must be dismissed.
