Date of Decision: March 12, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Consulting
Petitioner Information
Profession: Senior Software Engineer
Field: Software Consulting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed as Abandoned
Evidentiary Criteria Analysis
Criteria Met:
- None specified in the decision.
Criteria Not Met:
- The petitioner failed to establish that it was the successor-in-interest to the applicant of the approved labor certification.
- The petitioner did not respond to the Notice of Intent to Dismiss (NOID), precluding a material line of inquiry.
Key Points from the Decision
Proposed Endeavor:
The petitioner described itself as a software consulting service, seeking to employ the beneficiary as a senior software engineer.
Substantial Merit and National Importance:
The decision did not elaborate on substantial merit and national importance, as the appeal was dismissed on procedural grounds.
Supporting Evidence:
The petitioner did not respond to the NOID, failing to provide necessary evidence to support the appeal. The original denial was based on the failure to establish the petitioner as the successor-in-interest to the labor certification applicant.
Inconsistencies in Proposed Endeavor:
- The petitioner and the labor certification applicant had different Federal Employment Identification Numbers (FEINs), indicating they were two separate and distinct organizations.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any Other Supporting Documentation: Not applicable
Conclusion
The appeal was dismissed due to the petitioner’s failure to respond to the NOID. The petitioner did not establish that it was the successor-in-interest to the approved labor certification applicant, leading to the denial of the petition.
