Date of Decision: October 16, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology
Petitioner Information
Profession: Software Engineer
Field: IT Development and Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
No specific criteria were stated as met in the document.
Criteria Not Met:
No specific criteria were stated as not met in the document.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a software engineer within its IT development and consulting business.
Substantial Merit and National Importance:
The decision did not provide a detailed analysis of the substantial merit and national importance, as the appeal was withdrawn by the Petitioner before a final decision was issued.
Supporting Evidence:
The supporting evidence and analysis were rendered moot due to the withdrawal request. Consequently, specific pieces of evidence such as letters of intent, advisory letters, and business plans were not reviewed or cited in the decision.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted due to the appeal’s dismissal following the withdrawal request.
Supporting Documentation
No specific supporting documentation was discussed as the appeal was dismissed due to the withdrawal request.
Conclusion
Final Determination: The appeal was dismissed based on the Petitioner’s request to withdraw the petition.
Reasoning: Despite the regulations indicating that a petition may not be withdrawn once a decision is issued, the request to withdraw was received before the decision. This rendered the issues moot, and the appeal was dismissed accordingly.
