Date of Decision: October 17, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Cargo Services
Petitioner Information
Profession: Senior Analyst
Field: Cargo Services
Nationality: Not specified
Summary of Decision
Initial Decision: Approved then revoked
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The petitioner met the initial formal filing requirements, including the submission of a properly completed and signed Form I-290B, Notice of Appeal or Motion, with the correct fee.
Criteria Not Met:
The petitioner failed to demonstrate “proper cause” for reconsideration by establishing that the prior decision was based on an incorrect application of law or policy.
The petitioner did not provide new arguments or evidence that addressed the grounds for the initial decision’s revocation.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to employ the beneficiary as a senior analyst, focusing on the cargo services sector. The endeavor involved advanced analysis and strategies to improve the company’s operational efficiency and service delivery.
Substantial Merit and National Importance:
The petitioner argued that the senior analyst’s role was crucial for the company’s success and had significant implications for the cargo services industry. However, the Administrative Appeals Office (AAO) concluded that the petitioner did not sufficiently demonstrate the national importance of the beneficiary’s role beyond the company’s operations.
Supporting Evidence
The petitioner repeated the same arguments and claims made in the initial appeal, without presenting new evidence or arguments that would warrant a reconsideration of the previous decision.
Inconsistencies in Proposed Endeavor
The petitioner did not address the specific reasons for the initial decision’s revocation, nor did it provide new insights or evidence to counter the AAO’s findings. The motion to reconsider was essentially a repetition of the previous appeal, lacking substantial new information.
Supporting Documentation
Letters of Intent: Not applicable or provided.
Business Plan: Not applicable or provided.
Advisory Letter: Not applicable or provided.
Any Other Supporting Documentation: Not applicable or provided.
Conclusion
Final Determination: The motion to reconsider was dismissed.
Reasoning: The petitioner failed to demonstrate that the AAO’s prior decision was incorrect based on an application of law or policy. The arguments presented were identical to those in the initial appeal and did not provide a basis for reconsideration. The endeavor was not proven to be of substantial merit and national importance as required for an EB-2 NIW petition.
