Date of Decision: April 16, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Security
Petitioner Information
Profession: Security Analyst
Field: Software Security
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified, as the appeal was dismissed due to procedural issues rather than substantive evaluation of the case merits.
Criteria Not Met:
Procedural Compliance: The Petitioner failed to substantiate the appeal with specific legal or factual errors from the initial denial, resulting in a summary dismissal.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary aimed to work as a security analyst within a software consulting company, focusing on enhancing software security measures.
Substantial Merit and National Importance:
The decision did not discuss the substantial merit or national importance of the Beneficiary’s work, as the appeal was dismissed on procedural grounds.
Supporting Evidence:
No new evidence or brief was submitted to support the appeal, which was crucial to reconsidering the initial decision.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies discussed, as the dismissal was based on the lack of detailed challenge to the initial denial.
Conclusion
The appeal was summarily dismissed due to the Petitioner’s failure to specify any erroneous conclusions of law or facts in the initial decision. The case highlights the importance of procedural compliance in the appeal process.
