Date of Decision: June 18, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Software Services and Consulting
Petitioner Information
Profession: Systems Analyst
Field: Systems Analysis
Nationality: [Not specified]
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner initially met the requirements for classification as a member of the professions holding an advanced degree.
The Director acknowledged the Petitioner’s qualifications and initially approved the Form I-140.
Criteria Not Met:
The motion to reopen was dismissed as untimely filed, received more than 33 days after the Notice of Revocation (NOR).
The appeal must determine whether the motion was properly and timely filed within the allowable period.
Key Points from the Decision
Proposed Endeavor: The Petitioner, I-US, Inc., a software services and consulting company, sought to employ the Beneficiary as a systems analyst.
Substantial Merit and National Importance:
The initial approval indicates recognition of the substantial merit and national importance of the Petitioner’s proposed endeavor.
The case was remanded due to procedural errors related to the timing of the filing of the motion to reopen and reconsider.
Supporting Evidence:
The Petitioner’s initial motion to reopen and reconsider was considered untimely by the Director, leading to the remand.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies in the proposed endeavor were highlighted; the issue revolved around the procedural timing of the filing.
Supporting Documentation
Letters of Intent: Not specified in the decision.
Business Plan: Not specified in the decision.
Advisory Letter: Not specified in the decision.
Any other supporting documentation: Not specified in the decision.
Conclusion
Final Determination: The Director’s decision was withdrawn and the matter was remanded for further proceedings.
Reasoning: The primary issue was procedural, relating to the timeliness of the motion to reopen and reconsider. The Director must conduct further fact-finding regarding the correct receipt date of the motion. If it is found to be properly and timely filed, the Director shall consider the merits of the Petitioner’s initial motion to reopen and reconsider.
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