Date of Decision: August 18, 2017
Service Center: Texas 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: Bangladesh
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: None identified, as the appeal was summarily dismissed.
Criterion 2: None identified, as the appeal was summarily dismissed.
Criteria Not Met:
Criterion 1: The petitioner did not provide a specific statement identifying an erroneous conclusion of law or fact.
Criterion 2: The petitioner failed to submit additional evidence or a brief to support the appeal within the required timeframe.
Key Points from the Decision
Proposed Endeavor:
The details of the petitioner’s proposed endeavor were not specified in the document.
Substantial Merit and National Importance:
Not applicable, as the primary reason for the summary dismissal was procedural (failure to identify specific errors in the initial decision).
Supporting Evidence:
The petitioner indicated on Form I-290B, Notice of Appeal or Motion, that additional evidence or a brief would be submitted within 30 days of the filing date (October 3, 2016). However, no additional documentation was received.
Inconsistencies in Proposed Endeavor:
Not applicable, as the appeal was dismissed due to the lack of a specific statement identifying errors.
Supporting Documentation
Letters of Intent:
- Not specified in the document.
Business Plan:
Not specified in the document.
Advisory Letter:
Not specified in the document.
Any other supporting documentation:
Not specified in the document.
Conclusion
Final Determination: The appeal is summarily dismissed.
Reasoning:
The petitioner failed to provide a specific statement identifying any erroneous conclusion of law or fact in the decision being appealed. Additionally, no further evidence or a brief was submitted within the required timeframe. As a result, the appeal was summarily dismissed according to 8 C.F.R. § 103.3(a)(1)(v).
