Date of Decision: December 2, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Consulting Services
Petitioner Information
Profession: Software Engineer
Field: Software Consulting Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- N/A: The appeal was summarily dismissed, and no specific criteria were discussed.
Criteria Not Met:
- N/A: The appeal was summarily dismissed, and no specific criteria were discussed.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, V-, Inc, a software consulting services provider, sought to employ the Beneficiary as a software engineer under the classification as an advanced degree professional.
Substantial Merit and National Importance:
The petition was denied as the Petitioner failed to provide specific reasons or evidence for the appeal. The appeal documentation stated that a brief and additional evidence would be provided within 30 days; however, no further information was submitted.
Supporting Evidence:
No supporting evidence was provided within the required timeframe. The Petitioner failed to submit any additional evidence or a brief to support the appeal.
Inconsistencies in Proposed Endeavor:
The Petitioner did not identify any erroneous conclusion of law or statement of fact, leading to the summary dismissal of the appeal.
Supporting Documentation
Letters of Intent:
- Not applicable.
Business Plan:
- Not applicable.
Advisory Letter:
- Not applicable.
Any other supporting documentation:
- Not applicable.
Conclusion
Final Determination: The appeal was summarily dismissed.
Reasoning: The Petitioner failed to identify specifically any erroneous conclusion of law or statement of fact for the appeal and did not provide any additional evidence within the specified timeframe.