Date of Decision: May 22, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Information Technology Consulting
Petitioner Information
Profession: Systems and Network Administrator
Field: Information Technology Consulting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None identified, as the appeal did not specify any errors or provide supporting evidence.
Criteria Not Met:
Failure to Identify Errors: The Petitioner did not provide a statement in support of the appeal that specifically identified any erroneous conclusions of law or fact in the Director’s decision.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an information technology consulting business, sought to employ the Beneficiary as a systems and network administrator. The proposed endeavor involved managing and optimizing the company’s IT infrastructure and network systems.
Substantial Merit and National Importance:
Merit and Importance: The appeal review could not assess the substantial merit and national importance of the proposed endeavor due to the lack of specific errors or supporting evidence identified in the appeal.
Key Quotes: “Because the Petitioner has not identified any specific, erroneous conclusion of law or statement of fact in the Director’s decision below, the appeal must be summarily dismissed.”
Supporting Evidence:
Initial Appeal: The Petitioner did not submit any brief or additional evidence with the appeal to support their claim or to identify specific errors in the initial decision.
Inconsistencies in Proposed Endeavor:
The decision did not identify any inconsistencies in the proposed endeavor, as the appeal lacked specific information or evidence to assess.
Supporting Documentation
Letters of Intent:
Not provided in the appeal.
Business Plan:
Not applicable in this case.
Advisory Letter:
Not provided in the appeal.
Any Other Supporting Documentation:
The Petitioner did not submit any additional supporting documentation with the appeal.
Conclusion
The appeal was summarily dismissed. The Petitioner did not provide a statement or evidence to identify any specific erroneous conclusions of law or fact in the Director’s decision.
