Date of Decision: JAN. 16, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Hospitality Management
Petitioner Information
Profession: Restaurant Manager and Entrepreneur
Field: Hospitality Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Criterion 1: [No criteria were specifically met as evidenced by the summary dismissal]
Criteria Not Met: - Criterion 1: Proving exceptional ability in the field
- Criterion 2: Meriting a national interest waiver as a matter of discretion
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to leverage advanced skills in hospitality management to enhance the restaurant industry’s efficiency and customer service standards.
Substantial Merit and National Importance:
The decision did not acknowledge substantial merit or national importance in the petitioner’s endeavors, citing a lack of evidence to support exceptional ability or national interest waiver qualifications.
Supporting Evidence:
The petitioner failed to provide sufficient supporting evidence deemed necessary for a successful appeal, such as a detailed business plan or advisory letters from recognized industry experts.
Inconsistencies in Proposed Endeavor:
The summary dismissal highlighted inconsistencies in the submitted evidence, particularly the lack of a timely submitted brief and the absence of a connection between submitted documents and the petitioner.
Supporting Documentation
Letters of Intent: (if applicable)
- [Not mentioned in the decision]
Business Plan: (if applicable) - [Not mentioned in the decision]
Advisory Letter: (if applicable) - [Not mentioned in the decision]
Any other supporting documentation (if applicable) - [Not mentioned in the decision]
Conclusion
Final Determination:
The petitioner’s request for a motion to reopen and reconsider has been dismissed due to insufficient evidence and failure to identify any erroneous conclusions of law or policy in the initial denial.
Reasoning:
The appeal was summarily dismissed due to the absence of new, compelling evidence that could potentially change the outcome of the decision, and a failure to submit a brief as promised further weakened the case.
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